R. v. B. (J.G.), [1993] 3 S.C.R. 643

J.G.B. Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. B. (J.G.)

File No.: 23320.

1993: October 8.

Present: Sopinka, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for ontario

Constitutional law ‑‑ Charter of Rights ‑‑ Trial within a reasonable time ‑‑ Delay not unreasonable ‑‑ Canadian Charter of Rights and Freedoms, s. 11(b).

Cases Cited

Applied: R. v. Askov, [1990] 2 S.C.R. 1199; R. v. Morin, [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 (1992), 58 O.A.C. 169, allowing the Crown's appeal from a stay of proceedings ordered by the Ontario Court (General Division). Appeal dismissed.

Alan D. Gold, for the appellant.

Ian R. Smith, for the respondent.

The judgment of the Court was delivered orally by

Iacobucci J. ‑‑ This appeal comes to us as of right. Pursuant to the principles in R. v. Askov, [1990] 2 S.C.R. 1199, and R. v. Morin, [1992] 1 S.C.R. 771, there was no unreasonable delay in this case so as to justify the imposition of a stay under the provisions of s. 11(b) of the Canadian Charter of Rights and Freedoms. Applying the relevant factors, we are of the view that the delay from the time of the charge to the date set for trial was not unreasonable.

Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Gold & Fuerst, Toronto.

Solicitor for the respondent: Ian R. Smith, Toronto.