R. v. Lambretta, [1989] 1 S.C.R. 1391

Frank Julien Lambretta Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Lambretta; see also R. v. Adams

File No.: 20567.

1989: May 26.

Present: Dickson C.J. and Lamer, Wilson, La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory and McLachlin JJ.

on appeal from the court of appeal for Alberta

Criminal law ‑‑ Charter of Rights ‑‑ Legal Rights ‑‑ Adjournment to obtain new counsel after initial counsel withdrew during course of trial denied ‑‑ Interests of justice.

APPEAL from a judgment of the Alberta Court of Appeal (1987), 1987 ABCA 103, 52 Alta. L.R. (2d) 369, 78 A.R. 284, dismissing an appeal from a conviction of first degree murder. Appeal allowed.

Alexander D. Pringle, for the appellant.

Peter Martin, Q.C., for the respondent.

The judgment of the Court was delivered orally by

The Chief Justice ‑‑ Under the particular circumstances of this case, we are all of the view that the interests of justice will best be served by the ordering of a new trial.

We accordingly allow the appeal, quash the conviction and order a new trial.

Judgment accordingly.

Solicitor for the appellant: Alexander D. Pringle, Edmonton.

Solicitor for the respondent: Peter W. L. Martin, Calgary.