R. v. Schiewe, [1993] 1 S.C.R. 1134

Victor Schiewe Appellant

v.

Her Majesty The Queen Respondent

and between

Tina Marie Schiewe Appellant

v.

Her Majesty The Queen Respondent

and between

Norman Michael Koruz Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Schiewe

File Nos.: 23074, 23076, 23077.

1993: March 26.

Present: La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for alberta

Constitutional law -- Charter of Rights -- Trial within reasonable time -- Delays in provision of legal aid through no fault of recipient -- No unreasonable delay given special circumstances and complexity and length of the cases.

Cases Cited

Applied: R. v. Askov, 1990 CanLII 45 (SCC), [1990] 2 S.C.R. 1199; R. v. Morin, 1992 CanLII 89 (SCC), [1992] 1 S.C.R. 771; R. v. Stensrud, 1989 CanLII 9 (SCC), [1989] 2 S.C.R. 1115.

APPEALS from judgments of the Alberta Court of Appeal allowing appeals from judgments of Matheson J. allowing stays of judicial proceedings. Appeals dismissed.

J. MacLeod Walker, for the appellants Victor Schiewe and Tina Marie Schiewe.

Marvin Bloos, for the appellant Norman Michael Koruz.

M. David Gates and Larry R. A. Ackerl, for the respondent.

//Sopinka J.//

The judgment of the Court was delivered orally by

Sopinka J. -- These appeals are as of right. Applying the principles in R. v. Askov, 1990 CanLII 45 (SCC), [1990] 2 S.C.R. 1199, and R. v. Morin, 1992 CanLII 89 (SCC), [1992] 1 S.C.R. 771, and having regard to the view expressed in R. v. Stensrud, 1989 CanLII 9 (SCC), [1989] 2 S.C.R. 1115, and the special circumstances of these cases, and in particular their complexity and length, we agree with the conclusion of the majority of the Court of Appeal that there was no unreasonable delay. The appeals are dismissed.

Judgment accordingly.

Solicitors for the appellants Victor Schiewe and Tina Marie Schiewe: Walker & Co., Edmonton.

Solicitors for the appellant Norman Michael Koruz: Beresh, DePoe, Cunningham, Edmonton.

Solicitor for the respondent: John C. Tait, Ottawa.