R. v. Feeney (application), [1997] 2 S.C.R. 117

Michael Feeney Appellant (Respondent on the Motion)

v.

Her Majesty The Queen Respondent (Applicant)

Indexed as: R. v. Feeney

File No.: 24752.

1997: June 27.

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

application for rehearing

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.

APPLICATION FOR REHEARING of a judgment of the Supreme Court of Canada, 1997 SCC 342, [1997] 2 S.C.R. 13. Application granted.

Charles Lugosi, for the appellant (respondent on the motion).

William F. Ehrcke, for the respondent (applicant).

The following is the judgment delivered by

[1] The Court ‑‑ The application for a rehearing is granted on the issue of whether there should be a transition period, and the operation of that aspect of the judgment herein relating to the requirement for a warrant to effect an arrest in a dwelling is stayed for a period of 6 months from the date such judgment was issued, namely May 22, 1997. The transition period will have effect throughout Canada but will have no application to the disposition that has been made or is to be made of the present case.

Application granted.

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

Solicitor for the respondent (applicant): The Attorney General of British Columbia, Vancouver.