Franklin v. The Queen, [1985] 1 S.C.R. 293
Ronald Arthur Franklin Appellant;
and
Her Majesty The Queen Respondent.
File No.: 17484.
1985: March 14; 1985: April 4.
Present: Dickson C.J. and Estey, Chouinard, Lamer, Wilson, Le Dain and La Forest JJ.
on appeal from the court of appeal for ontario
Criminal law ‑‑ Courts ‑‑ Jurisdiction ‑‑ Court of General Sessions of the Peace ‑‑ Trial not proceeding at sessions for which trial fixed ‑‑ Jurisdiction over indictment not lost.
Cases Cited
R. v. Krannenburg, 1980 CanLII 179 (SCC), [1980] 1 S.C.R. 1053, considered; R. v. Chabot, 1980 CanLII 54 (SCC), [1980] 2 S.C.R. 985, referred to.
APPEAL from a judgment of the Ontario Court of Appeal (1982), 1982 CanLII 2016 (ON CA), 40 O.R. (2d) 647, 2 C.C.C. (3d) 232, allowing the Crown's appeal from a judgment of Hughes J. (1982), 1982 CanLII 1974 (ON SC), 37 O.R. (2d) 454, 67 C.C.C. (2d) 483, allowing the accused's application for prohibition. Appeal dismissed.
John A. Howlett, for the appellant.
Michael R. Dambrot, for the respondent.
The following is the judgment delivered by
The Court‑‑We are all of the view that this appeal should fail. The decision of this Court in R. v. Krannenburg, 1980 CanLII 179 (SCC), [1980] 1 S.C.R. 1053, is applicable for trials held by magistrates sitting under Parts XVI or XXIV of the Criminal Code.
We do not agree, however, with the Ontario Court of Appeal's characterization of the setting of trial dates as administrative in nature. As this Court noted in R. v. Chabot, 1980 CanLII 54 (SCC), [1980] 2 S.C.R. 985, reasonable procedural latitude is desirable in proceedings pursuant to indictment. There will be no loss of jurisdiction when a trial court, acting on an indictment, fails to proceed at the time set for trial, absent unconstitutional conduct.
The appeal is accordingly dismissed.
Appeal dismissed.
Solicitor for the appellant: John A. Howlett, Toronto.
Solicitor for the respondent: R. Tassé, Ottawa.