R. v. White, [1998] 3 S.C.R. 534

Kevin White Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. White

File No.: 26510.

1998: December 11.

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

on appeal from the court of appeal for newfoundland

Constitutional law -- Charter of Rights -- Trial within reasonable time -- Delay unreasonable -- Stay of proceedings upheld.

APPEAL from a judgment of the Newfoundland Court of Appeal (1998), 160 Nfld. & P.E.I.R. 309, 494 A.P.R. 309, [1998] N.J. No. 24 (QL), dismissing the Crown’s appeal from a judgment of O’Regan J. (1996), 145 Nfld. & P.E.I.R. 41, 453 A.P.R. 41, [1996] N.J. No. 235 (QL), ordering a stay of proceedings. Appeal dismissed.

Colin J. Flynn, Q.C., for the appellant.

Thomas J. Burke and Thomas J. Johnson, for the respondent.

The judgment of the Court was delivered orally by

Cory J.

[1] Cory J. -- We are all in agreement with the reasons of O’Regan J. at first instance and those of Cameron J.A. in the Court of Appeal. This appeal is therefore dismissed.

Judgment accordingly.

Solicitor for the appellant: The Department of Justice, St. John’s.

Solicitors for the respondent: O’Dea, Earle, St. John’s.