R. v. Leduc, [1993] 3 S.C.R. 641

Robert Laurent Leduc Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Leduc

File No.: 23368.

1993: October 8.

Present: Lamer C.J. and Sopinka, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Practice ‑‑ Stay of proceedings ‑‑ Abuse of process ‑‑ Stay of proceedings for abuse of process to be granted only in clearest of cases and when a violation of fundamental principles of justice underlying community's sense of fair play and decency.

APPEAL from a judgment of the Ontario Court of Appeal allowing an appeal, setting aside a stay of proceedings and remitting the matter for trial following a judgment of McWilliam J. staying the proceedings as an abuse of process. Appeal dismissed.

Alan Gold, for the appellant.

Kenneth Campbell, for the respondent.

The judgment of the Court was delivered orally by

Sopinka J. ‑‑ This is an appeal as of right. The power to stay proceedings on the ground of abuse of process must only be exercised in the clearest of cases and when it is shown that the conduct complained of violated those fundamental principles of justice which underlie the community's sense of fair play and decency. This is not one of those cases. Nor would compelling the accused to stand trial be oppressive or vexatious in this case. The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Gold & Fuerst, Toronto.

Solicitor for the respondent: The Attorney General for Ontario, Toronto.