R. v. Shupe, [1990] 2 S.C.R. 1108

Galyn George Shupe Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Shupe

File No.: 20920.

1990: October 9.

Present: Wilson, La Forest, L'Heureux‑Dubé, Sopinka and McLachlin JJ.

on appeal from the court of appeal for alberta

Criminal law ‑‑ Stay of proceedings ‑‑ Allegation that Charter right to fair trial infringed ‑‑ Accused unable to communicate with court and incapable of understanding charge ‑‑ Stay granted but set aside on appeal ‑‑ Appellant unable to show trial judge not appropriate forum for application.

APPEAL from a judgment of the Alberta Court of Appeal (1988), 1988 ABCA 90, 58 Alta. L.R. (2d) 109, 85 A.R. 73, 47 C.C.C. (3d) 91, 63 C.R. (3d) 393, allowing an appeal from and setting aside the stay of proceedings granted by Cooke J. (1987), 1987 CanLII 3171 (AB KB), 53 Alta. L.R. (2d) 387, 80 A.R. 122, 38 C.C.C. (3d) 64, 59 C.R. (3d) 329, [1987] 5 W.W.R. 656. Appeal dismissed.

Brian Beresh, for the appellant.

Michael Watson, for the respondent.

The judgment of the Court was delivered orally by

Wilson J. ‑‑ It will not be necessary to hear from you, Mr. Watson. The Court is ready to give judgment from the Bench.

Whether or not the Chambers Judge had jurisdiction, the appellant has failed to satisfy us that the trial judge was not the appropriate forum for this application. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Beresh, DePoe, Cunningham, Edmonton.

Solicitor for the respondent: The Attorney General for Alberta, Edmonton.