R. v. Halnuck, [1997] 1 S.C.R. 533

Paul Joseph Halnuck Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Halnuck

File No.: 25408.

1997: March 19.

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

on appeal from the court of appeal for nova scotia

Criminal law ‑‑ Full answer and defence ‑‑ Accused appealing his conviction for first degree murder on ground that he was denied right to make full answer and defence by ineffective representation of counsel ‑‑ Conviction upheld.

APPEAL from a judgment of the Nova Scotia Court of Appeal (1996), 1996 NSCA 148, 151 N.S.R. (2d) 81, 440 A.P.R. 81, 107 C.C.C. (3d) 401, dismissing the accused’s appeal from his conviction for first degree murder. Appeal dismissed.

Kevin Drolet and Malcolm Campbell, for the appellant.

Kenneth W. F. Fiske, Q.C., for the respondent.

//The Chief Justice//

The judgment of the Court was delivered orally by

[1] The Chief Justice ‑‑ We have serious doubts as to our jurisdiction in this matter but should prefer to deal with this matter in the following way.

[2] We are granting leave to appeal in this case to the appellant and I believe that the appellant did seek leave. It is therefore granted.

[3] The appeal is dismissed for the reasons given by Chief Justice Clarke.

Judgment accordingly.

Solicitor for the appellant: Nova Scotia Legal Aid, Halifax.

Solicitor for the respondent: The Attorney General of Nova Scotia, Halifax.