R. v. Atkinson (G.W.), (1992) 59 O.A.C. 41 (SCC)

Judge:La Forest, Sopinka, Cory, McLachlin and Iacobucci, JJ.
Court:Supreme Court of Canada
Case Date:November 02, 1992
Jurisdiction:Canada (Federal)
Citations:(1992), 59 O.A.C. 41 (SCC)
 
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R. v. Atkinson (G.W.) (1992), 59 O.A.C. 41 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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George William Atkinson (appelants) et al. v. Her Majesty The Queen (respondent)

(22691)

Ernest Gordon Atkinson (appellant) v. Her Majesty The Queen (respondent)

(22738)

Indexed As: R. v. Atkinson (G.W.) et al.

Supreme Court of Canada

La Forest, Sopinka, Cory, McLachlin and Iacobucci, JJ.

November 2, 1992.

Summary:

The accused were charged on January 18, 1989 with 25 counts of fraud, attempted fraud and theft. In June 1989 six more charges were laid. On December 12, 1990, 23 months after the original charges were laid, the trial judge stayed all 29 charges on the ground that the accused's right to be tried with a reasonable time was denied (Charter, s. 11(b)). The Crown appealed.

The Ontario Court of Appeal, in a judg­ment reported 50 O.A.C. 48, allowed the appeal, set aside the stay and remitted the matter for trial. The accused appealed.

The Supreme Court of Canada dismissed the appeals.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Ac­cused's right to - "Within a reasonable time" - What constitutes - The accused were charged with 25 counts of fraud and theft on January 18, 1989 - The case was complex, requiring six weeks of trial time - Disclosure by the Crown was completed in June 1989 - Six more counts were added - The scheduled April 17, 1991 preliminary did not begin due to alleged conflict of interest by one of the accused's lawyer - The lawyer withdrew - On August 22, 1991 the accused re-elected trial before a Provin­cial Court judge - The trial com­menced and was to be continued on Decem­ber 10, 1991 - On December 10 the trial judge stayed the proceedings on the ground that the 23 month delay viol­ated the ac­cused's s. 11(b) Charter rights - The Supreme Court of Canada affirmed that the accused's s. 11(b) Charter rights were not denied.

Counsel:

Alan D. Gold, for George William Atkinson;

David Butt, for the Crown;

Bruce Duncan, for Ernest Gordon Atkinson.

This appeal was heard before La Forest, Sopinka, Cory, McLachlin and Iacobucci, JJ., of the Supreme Court of Canada.

On November 2, 1992, the judgment of the Supreme Court of Canada was delivered orally in both official languages and the following opinions were filed:

La Forest, J. - see paragraph 1;

Cory, J. ( La Forest, Sopinka, McLachlin and Iacobucci, JJ., concurring) - see paragraphs 2 to 3.

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