R. v. D. (A.), 1993 CanLII 93 (SCC), [1993] 2 SCR 441

D. (A.) Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. D. (A.)

File No.: 23216.

1993: June 1.

Present: La Forest, L'Heureux‑Dubé, 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 ‑‑ Most of delay waived, caused by accused or attributable to inherent requirements of case ‑‑ Whether or not appellate proceedings covered by Charter, delay in this case not unreasonable.

APPEAL from a judgment of the Ontario Court of Appeal (1992), 17 W.C.B. (2d) 286, allowing the Crown's appeal from an order of Forget J. of the Ontario Court (General Division) staying proceedings against the accused. Appeal dismissed.

Gary R. Barnes and Thomas J. Raganold, for the appellant.

David Butt and Susan Chapman, for the respondent.

//La Forest J.//

The judgment of the Court was delivered orally by

La Forest J. ‑‑ This is an appeal as of right contesting the Court of Appeal of Ontario's decision that there was no unreasonable delay in this case. We agree with the conclusion of the Court of Appeal. As we see it, most of the delay was waived, or caused by the appellant, or attributable to the inherent requirements of the case. There is not much delay attributable to the Crown either by reason of lack of institutional resources or otherwise. Whether or not appellate proceedings are covered by the Charter, there was no unreasonable delay in this case.

Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: Gary R. Barnes, Ottawa.

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