R. v. Feeney, [1997] 3 S.C.R. 1008

Michael Feeney Appellant (Respondent on the Motion)

v.

Her Majesty The Queen Respondent (Applicant on the Motion)

and

The Attorney General of Canada Intervener (Applicant on the Motion)

Indexed as: R. v. Feeney

File No.: 24752.

1997: November 21.

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

application to extend time of stay of judgment

Judgments and orders ‑‑ Suspension of judgment ‑‑ Operation of judgment relating to requirement of warrant to effect an arrest in a dwelling suspended for 6 months from date of original judgment ‑‑ Stay of judgment extended.

APPLICATION for extension of stay, 1997 CanLII 343 (SCC), [1997] 2 S.C.R. 117, of a judgment of the Supreme Court of Canada, 1997 CanLII 342 (SCC), [1997] 2 S.C.R. 13. Application granted.

The following is the judgment delivered by

[1] The Court ‑‑ The motion is granted. The stay of the judgment ordered by this Court on June 27, 1997 (1997 CanLII 343 (SCC), [1997] 2 S.C.R. 117) is extended to December 19, 1997 or, in the alternative, to the day Bill C‑16 (An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings)) receives Royal Assent if this occurs prior to December 19, 1997.

Application granted.

Solicitors for the appellant (respondent on the motion): Lugosi & Cornett, Prince George.

Solicitor for the respondent Her Majesty The Queen (applicant on the motion): The Attorney General of British Columbia, Victoria.

Solicitor for the intervener the Attorney General of Canada (applicant on the motion): The Attorney General of Canada, Ottawa.