R. v. Dikah, [1994] 3 S.C.R. 1020

Naoufal Naoufal Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Dikah

File No.: 24158.

1994: December 9.

Present: La Forest, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Fundamental justice ‑‑ Abuse of process ‑‑ Paid informants ‑‑ Police informant to be paid in full only in event of successful investigation ‑‑ Informant's evidence not inadmissible.

APPEAL from a judgment of the Ontario Court of Appeal (1994), 1994 CanLII 8722 (ON CA), 18 O.R. (3d) 302, 89 C.C.C. (3d) 321, 31 C.R. (4th) 105, 20 C.R.R. (2d) 193, 70 O.A.C. 214, allowing the Crown's appeal from a stay of proceedings granted by Ratushny Prov. Div. J. (1993), 16 C.R.R. (2d) 161, and ordering a new trial. Appeal dismissed.

Alan D. Gold and Gregory Lafontaine, for the appellant.

Michael R. Dambrot, Q.C., and Scott K. Fenton, for the respondent.

The judgment of the Court was delivered orally by

La Forest J. ‑‑ This is an appeal as of right. We are all of the view that the appeal should be dismissed for the reasons given by Labrosse and Doherty JJ.A. in the Court of Appeal of Ontario. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitor for the appellant: Gregory Lafontaine, Toronto.

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