R. v. Druken, [1998] 1 S.C.R. 978

Her Majesty The Queen Appellant

v.

Jody Keith Druken Respondent

Indexed as: R. v. Druken

File No.: 26254.

1998: May 27.

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

on appeal from the court of appeal for newfoundland

Criminal law -- Jurisdiction -- Appeal -- Pre‑trial decision to remove counsel not going to jurisdiction -- Decision to be reviewed after trial through normal appeal process.

APPEAL from a judgment of the Newfoundland Court of Appeal (1997), 1997 CanLII 14674 (NL CA), 157 Nfld. & P.E.I.R. 93, 486 A.P.R. 93, [1997] N.J. No. 231 (QL), dismissing the Crown’s application to quash the accused’s appeal from a decision of the Newfoundland Supreme Court, Trial Division removing his counsel as counsel of record for conflict of interest. Appeal allowed.

Wayne Gorman, for the appellant.

R. Barry Learmonth, for the respondent.

//The Chief Justice//

The judgment of the Court was delivered orally by

[1] The Chief Justice ‑‑ The decision to remove counsel does not go to jurisdiction. The issue as to whether there is an appeal on a jurisdictional ground is not before us. The decision to remove counsel is to be reviewed after the trial through the normal appeal process set out by the Criminal Code.

[2] We are all in substantial agreement with the reasons of Cameron J.A. of the Court of Appeal of Newfoundland and accordingly the appeal is allowed, the order of the Court of Appeal is set aside and the Crown’s application to strike the appeal is allowed. The matter is remitted to the Trial Court to proceed according to law.

Judgment accordingly.

Solicitor for the appellant: Wayne Gorman, St. John’s.

Solicitors for the respondent: Learmonth, Dunne & Clarke, St. John’s.