R. v. B. (J.G.), 1993 CanLII 81 (SCC), [1993] 3 SCR 643
J.G.B. Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. B. (J.G.)
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.
