Supreme Court of Canada

Date: 1988-05-02

On appeal from: 1987 6875 (MB CA), 16 C.P.R. (3d) 350

Dickson C.J. C., McIntyre, Lamer, Wilson and L'Heureux-Dubé JJ.

Counsel:

R.B. McNicol, and D. MacKinnon, for appellant.

S.R. Fainstein, Q.C., and Kimberly Prost, for the Crown, respondent.

The following judgment of the court was delivered by Dickson C.J. C.

[1] There is no need to hear you Mr. Fainstein. Justice Lamer will give judgment for the Court.

[2] Lamer j.:—This appeal comes to us as of right. Applying to the facts of this case the principles laid down by this Court in Collins v. The Queen (1987) 1987 84 (SCC), 33 C.C.C (3d) 1, 38 D.L.R. (4th) 508, [1987] 1 S.C.R. 265; Sieben v. The Queen (1987). 1987 85 (SCC), 32 C.C.C. (3d) 574, 38 D.L.R. (4th) 427 [1987] 1 S.C.R. 295; Hamill v. The Queen (1987), 1987 86 (SCC), 33 C.C.C. (3d) 110, 38 D.L.R. (4th) 611, [1987] 1 S.C.R. 301, we find no error in the court below in exercising its jurisdiction to review the judge's finding under s. 24(2) of the Canadian Charter of Rights and Freedoms.

[3] The appeal is dismissed.