Supreme Court of Canada

Lyons et al. v. The Queen, [1984] 2 S.C.R. 631

Date: 1983-10-13

Kristine Lyons Applicant;

and

Her Majesty The Queen Respondent;

and between

John Prevedoros Applicant;

and

Her Majesty The Queen Respondent.

File Nos.: 17181 and 17193.

1983: October 4; 1983: October 13.

Present: Ritchie, Dickson, Beetz, Estey and McIntyre JJ.

APPLICATIONS FOR JUDICIAL RELEASE OR STAY OF SENTENCE

Criminal law—Applications for judicial release or stay of sentence—Applications denied—Criminal Code, R.S.C. 1970, c. C-34, ss. 608 [rep. & sub. R.S.C. 1970 (2nd Supp.), c. 2, s. 12], 608.1 [added R.S.C. 1970 (2nd Supp.), c. 2, s. 12; rep. & sub. 1974-75-76 (Can.), c. 93, s. 73].

APPLICATIONS for judicial release or stay of sentence. Applications denied.

Howard Rubin, for the applicant Lyons.

John D. Banks, for the applicant Prevedoros.

S.R. Fainstein, for the respondent.

The following is the judgment delivered by

THE COURT—These are applications for judicial release or stay of sentence made by the applicants, Kristine Lyons and John Prevedoros, pending the judgment of this Court on their respective appeals in which judgment was reserved on June 23, 1983.

Following the hearing of these appeals in this Court, the applicants made applications for judicial release to the Court of Appeal of British Columbia pursuant to s. 608 of the Criminal Code of Canada. These applications were heard by Hinkson J.A. in Chambers and dismissed. Review

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was then sought under s. 608.1 and the application for review was declined by the Chief Jutice of British Columbia. It is against this background that these applications now before this Court must be considered.

If it be assumed that this Court had jurisdiction to respond to these applications (as counsel for the applicants have so ably argued), this Court would decline to grant the orders sought but in doing so would wish to be understood as construing the decision of Hinkson J.A. in denying judicial release as one which is based directly on the circumstances of these applicants and not as an application of a general proposition that judicial release should not be granted upon a reserve of judgment in an appeal by the Supreme Court of Canada.

These applications are therefore denied.

Applications denied.

Solicitor for the applicant Lyons: Howard Rubin, North Vancouver.

Solicitor for the applicant Prevedoros: John D. Banks, Vancouver.

Solicitor for the respondent: Roger Tassé, Ottawa.