R. v. D. (W.R.), [1995] 1 S.C.R. 758

W.R.D. Appellant

v.

Her Majesty The Queen Respondent

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

File No.: 24120.

1995: February 28.

Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for manitoba

Criminal law — Prosecution of offences — Conflict of interest — Accused charged with sexual offences — Victim suing provincial government alleging social worker employed by government negligently ignored her complaints — Government counsel in civil action and criminal case both employed by Department of Justice — Whether Department of Justice acting in a conflict of interest.

APPEAL from a judgment of the Manitoba Court of Appeal (1994), 1994 CanLII 16659 (MB CA), 92 Man. R. (2d) 276, 61 W.A.C. 276, 89 C.C.C. (3d) 474, 24 C.P.C. (3d) 311, [1994] 5 W.W.R. 305, allowing the Crown's appeal from an order of Oliphant A.C.J.Q.B. (1993), 1993 CanLII 4412 (MB QB), 90 Man. R. (2d) 225, 21 C.P.C. (3d) 24, 86 C.C.C. (3d) 564, [1994] 1 W.W.R. 689, staying proceedings against the accused charged with sexual offences. Appeal dismissed.

John A. Menzies and Scott W. Johnston, for the appellant.

Michael J. Watson, Q.C., for the respondent.

//Lamer C.J.//

The judgment of the Court was delivered orally by

[1] Lamer C.J. — This appeal comes to us as of right. In our opinion, the appellant has not established any conflict of interest or appearance thereof, which would affect his right to be prosecuted fairly. Accordingly the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Johnston & Company, Dauphin, Manitoba.

Solicitor for the respondent: Manitoba Justice, Brandon, Manitoba.