R. v. Hawkins, [1992] 3 S.C.R. 463

Kevin Hawkins Appellant

v.

Her Majesty The Queen Respondent

and

Claude Morin Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Hawkins

File Nos.: 22952, 22812.

1992: November 2.

Present: La Forest, Sopinka, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for ontario

Constitutional law ‑‑ Charter of Rights ‑‑ Section 11(b) right to trial within reasonable time ‑‑ Three‑year delay and recantation of Crown witness ‑‑ Court of Appeal setting aside stay of proceedings ‑‑ Principles enunciated in R. v. Morin applied ‑‑ No unreasonable delay ‑‑ Canadian Charter of Rights and Freedoms, s. 11(b).

Cases Cited

Applied: R. v. Morin, 1992 CanLII 89 (SCC), [1992] 1 S.C.R. 771.

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, s. 11(b).

APPEAL from a judgment of the Ontario Court of Appeal (1991), 1991 CanLII 7148 (ON CA), 6 O.R. (3d) 724, 52 O.A.C. 114, allowing an appeal from a judgment of Lesage J. and setting aside stay of proceedings and remitting proceedings to trial. Appeals dismissed.

David E. Harris, for the appellant Kevin Hawkins.

Harald Mattson and Mark Ertel, for the appellant Claude Morin.

David Butt, for the respondent.

//Sopinka J.//

The judgment of the Court was delivered orally by

Sopinka J. ‑‑ In these appeals as of right, the Court of Appeal did not have the benefit of this Court's reasons in R. v. Morin, 1992 CanLII 89 (SCC), [1992] 1 S.C.R. 771, when it decided these cases. While we do not necessarily agree with all the reasons of the Court of Appeal, we are all of the view that, applying the principles expressed in Morin, supra, the Court of Appeal reached the right result. Based on those principles, there was no unreasonable delay within the meaning of s. 11(b) of the Canadian Charter of Rights and Freedoms. Accordingly, the appeals are dismissed. In the circumstances an order should go expediting the trial.

Judgment accordingly.

Solicitors for the appellant Kevin Hawkins: Carter, McCombs & Minden, Toronto.

Solicitor for the appellant Claude Morin: Harald Mattson, Kitchener.

Solicitor for the respondent: The Ministry of the Attorney General, Toronto.