R. v. Liakas, [1996] 2 S.C.R. 286

Steve Liakas Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Liakas

File No.: 24906.

1996: June 13.

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

on appeal from the court of appeal for quebec

Constitutional law -- Charter of Rights -- Pre-trial procedure -- Stay ordered after lengthy pre-trial delay but set aside on appeal -- Whether stay can be ordered absent proof of impairment of ability to present full answer and defence or proof of oppressive or vexatious behaviour on part of Crown or police.

APPEAL from a judgment of the Quebec Court of Appeal, [1995] Q.J. No. 699 (QL), allowing an appeal from a judgment of Millette J. Appeal dismissed.

Marc Cigana and Raphaël H. Schachter, Q.C., for the appellant.

Randall Richmond, for the respondent.

The judgment of the Court was delivered orally by

[1] La Forest J. -- We are all of the view that the appeal should be dismissed for the reasons given by the Court of Appeal, [1995] Q.J. No. 699. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Lapointe, Schachter, Champagne & Talbot, Montreal.

Solicitor for the respondent: The Attorney General of Quebec, Montreal.