R. v. MacDonnell, [1997] 1 S.C.R. 305

Frances Ellen MacDonnell Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. MacDonnell

File No.: 25165.

1997: February 13.

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

on appeal from the court of appeal for nova scotia

Constitutional law ‑‑ Charter of Rights ‑‑ Fundamental justice ‑‑ Fair trial ‑‑ Trial judge correct in finding that accused’s right to make full answer and defence breached ‑‑ Stay of proceedings restored.

APPEAL from a judgment of the Nova Scotia Court of Appeal (1996), 1996 NSCA 57, 148 N.S.R. (2d) 289, 429 A.P.R. 289, 47 C.R. (4th) 97, allowing the Crown’s appeal from a judgment of MacDonald J. (1995), 1995 4496 (NS SC), 141 N.S.R. (2d) 266, 403 A.P.R. 266, granting a stay of proceedings on a charge of non‑capital murder. Appeal allowed.

Hector J. MacIsaac and Frank DeMont, for the appellant.

Robert C. Hagell, for the respondent.

//Sopinka J.//

The judgment of the Court was delivered orally by

[1] Sopinka J. ‑‑ In our opinion the trial judge was correct in finding that in the circumstances there was a breach of the appellant’s right to make full answer and defence and we are satisfied that the trial judge did not err in exercising his discretion in finding that this was one of those clearest of cases in which to order a stay of proceedings.

[2] The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment of the trial judge staying the proceedings is restored.

Judgment accordingly.

Solicitor for the appellant: Hector J. MacIsaac, Stellarton, Nova Scotia.

Solicitor for the respondent: The Public Prosecution Service (Appeals Branch), Halifax.