R. v. Dawson, [1987] 2 S.C.R. 461
Lance Dawson Appellant
v.
Her Majesty The Queen Respondent
indexed as: r. v. dawson
File No.: 19584.
1987: October 16.
Present: Dickson C.J. and Beetz, Estey, McIntyre, Wilson, Le Dain, La Forest and L'Heureux‑Dubé JJ.
on appeal from the court of appeal for the yukon territory
Constitutional law ‑‑ Charter of Rights ‑‑ Standards of application of s. 24(1) of the Canadian Charter of Rights and Freedoms.
Statutes and Regulations Cited
Canadian Charter of Rights and Freedoms, s. 24(1).
APPEAL from a judgment of the Yukon Court of Appeal (1985), 1985 CanLII 131 (YK CA), 22 C.C.C. (3d) 181, allowing an appeal by the Crown from the accused's acquittal on a charge of breaking and entering. Appeal dismissed.
Penelope Gawn, for the appellant.
Julius A. Isaac and David Gates, for the respondent.
The judgment of the Court was delivered orally by
The Chief Justice‑‑We do not need to call upon you Mr. Isaac.
This appeal comes to us as of right. In light of judgments of this Court not available to the trial judge here, he erred in law, as a minimum in the application of s. 24(1) of the Canadian Charter of Rights and Freedoms.
Accordingly the appeal is dismissed. The matter must be returned for retrial.
Judgment accordingly.
Solicitors for the appellant: Anton, Campion, MacDonald & Phillips, Whitehorse.
Solicitor for the respondent: F. Iacobucci, Ottawa.