R. v. Simpson, [1995] 1 S.C.R. 449

Deborah Simpson Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Simpson

File No.: 24099.

1995: February 3.

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

on appeal from the court of appeal for newfoundland

Constitutional law ‑‑ Charter of Rights ‑‑ Arbitrary detention or imprisonment ‑‑ Remedy ‑‑ Police failing to bring accused before justice within time prescribed ‑‑ Trial judge entering stay of proceedings ‑‑ No reason for interfering with trial judge's exercise of discretion ‑‑ Canadian Charter of Rights and Freedoms, ss. 9, 24(1).

APPEAL from a judgment of the Newfoundland Court of Appeal (1994), 1994 CanLII 4528 (NL CA), 117 Nfld. & P.E.I.R. 110, 365 A.P.R. 110, 88 C.C.C. (3d) 377, 29 C.R. (4th) 274, allowing the Crown's appeal from a stay of proceedings entered by Kennedy Prov. Ct. J. Appeal allowed and stay restored.

Derek J. Hogan, for the appellant.

Wayne Gorman, for the respondent.

The judgment of the Court was delivered orally by

1 Lamer C.J. ‑‑ With respect, we are all of the view that there was no reason for interfering with the exercise of discretion by the trial judge. The appeal is therefore allowed and the stay entered by the trial judge is restored.

Judgment accordingly.

Solicitor for the appellant: Derek J. Hogan, St. John's.

Solicitor for the respondent: Wayne Gorman, St. John's.