R. v. Allen, [1997] 3 S.C.R. 700

Hopeton Allen Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Allen

File No.: 25549.

1997: October 17.

Present: Sopinka, Gonthier, Cory, McLachlin and Major JJ.

on appeal from the court of appeal for ontario

Constitutional law ‑‑ Charter of Rights ‑‑ Trial within reasonable time ‑‑ Delay not occasioned by scarcity of judicial resources ‑‑ Whether stay of proceedings appropriate.

APPEAL from a judgment of the Ontario Court of Appeal (1996), 1996 CanLII 4011 (ON CA), 92 O.A.C. 345, 110 C.C.C. (3d) 331, 1 C.R. (5th) 347, [1996] O.J. 3175, allowing an appeal from a judgment of Ferguson J. granting a stay of proceedings. Appeal dismissed.

Peter Rosenthal and Charles C. Roach, for the appellant.

David Butt, for the respondent.

//Sopinka J.//

The judgment of the Court was delivered orally by

1 Sopinka J. -- We agree with the reasons of Doherty J.A. (1996), 1996 CanLII 4011 (ON CA), 92 O.A.C. 345, in the Court of Appeal. Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Roach, Schwartz & Associates, Toronto.

Solicitor for the respondent: The Attorney General for Ontario, Toronto.