R. v. Hawkins, [1993] 2 S.C.R. 157

Her Majesty The Queen Appellant

v.

John Gordon Hawkins Respondent

Indexed as: R. v. Hawkins

File No.: 23035.

1993: April 28.

Present: Lamer C.J. and L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Major JJ.

on appeal from the court of appeal for newfoundland

Constitutional law ‑‑ Charter of Rights ‑‑ Right to counsel ‑‑ Detention ‑‑ Canadian Charter of Rights and Freedoms, s. 10(b).

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, s. 10(b).

APPEAL from a judgment of the Newfoundland Court of Appeal (1992), 1992 CanLII 7125 (NL CA), 72 C.C.C. (3d) 524, 9 C.R.R. (2d) 245, 14 C.R. (4th) 286, allowing the accused's appeal from his conviction for sexual assault and ordering a new trial. Appeal allowed.

Wayne Gorman, for the appellant.

Alan D. Gold, for the respondent.

//Cory J.//

The judgment of the Court was delivered orally by

Cory J. ‑‑ This is an appeal as of right.

We are all of the view that on the facts of this case the respondent was not detained. It follows that there could not be any infringement of his rights guaranteed by s. 10(b) of the Canadian Charter of Rights and Freedoms.

The appeal is therefore allowed. The order of the Court of Appeal is set aside and the conviction restored.

Judgment accordingly.

Solicitor for the appellant: Wayne Gorman, St. John's.

Solicitors for the respondent: Gold & Fuerst, Toronto.