R. v. Halcrow, [1995] 1 S.C.R. 440

Verlie Ann Halcrow Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Halcrow

File No.: 23542.

1995: January 27.

Present: Lamer C.J. and La Forest, Sopinka, Gonthier, Cory, McLachlin and Major JJ.

on appeal from the court of appeal for british columbia

Criminal law ‑‑ Assault ‑‑ Use of force in disciplining children ‑‑ Accused convicted of assault causing bodily harm ‑‑ Charges not laid until 11 years after events ‑‑ Whether trial judge should have granted stay of proceedings.

APPEAL from a judgment of the British Columbia Court of Appeal (1993), 1993 CanLII 2182 (BC CA), 80 C.C.C. (3d) 320, 24 B.C.A.C. 197, 40 W.A.C. 197, dismissing the accused's appeal from her conviction by Low J. of assault causing bodily harm. Appeal dismissed, Lamer C.J. and Sopinka and Major JJ. dissenting.

Alexander P. Watt and Sheldon B. Tate, for the appellant.

Elizabeth Bennett, Q.C., for the respondent.

The judgment of the Court was delivered orally by

[1] Lamer C.J. ‑‑ The appeal is dismissed for the reasons of the majority of the Court of Appeal of British Columbia. The Chief Justice, Justices Sopinka and Major, while agreeing with the majority as regards all other grounds of appeal, would have allowed the appeal to the extent of entering a stay of proceedings.

Judgment accordingly.

Solicitors for the appellant: Alexander P. Watt and Sheldon B. Tate, Kamloops.

Solicitor for the respondent: Elizabeth Bennett, Vancouver.