R. v. Bedford, [1997] 2 S.C.R. 292

Terri Jean Bedford, Bryan Harris, Christina Marie Masotti, Juliet Harris and Cheryl Anganoo Appellants

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Bedford

File No.: 25473.

1997: May 27.

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

on appeal from the court of appeal for ontario

Courts ‑‑ Jurisdiction ‑‑ Supreme Court of Canada ‑‑ Indictment quashed at trial on basis that it was unknown to law ‑‑ Order appealed to the Court of Appeal not tantamount to acquittal ‑‑ Appeal to this Court allegedly an appeal as of right ‑‑ Whether Supreme Court of Canada has jurisdiction to hear appeal.

Cases Cited

Referred to: R. v. Kalanj, [1989] 1 S.C.R. 1594.

APPEAL from a judgment of the Ontario Court of Appeal (1996), 92 O.A.C. 312, allowing an appeal from and setting aside orders quashing charges by O’Hara J. Appeal dismissed.

Morris Manning, Q.C., for the appellants.

Scott C. Hutchison, for the respondent.

The judgment of the Court was delivered orally by

[1] Sopinka J. ‑‑ The trial judgment herein was an order quashing the indictment. Applying the principles in R. v. Kalanj, [1989] 1 S.C.R. 1594, the order appealed to the Court of Appeal (1996), 92 O.A.C. 312, was not tantamount to an acquittal. Accordingly, this Court has no jurisdiction to hear the appeal. The appeal is quashed. Leave to appeal is refused.

Judgment accordingly.

Solicitors for the appellants: Manning & Simone, Toronto.

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