R. v. Douglas (E.) et al., (1993) 168 N.R. 1 (SCC)

• Judge: Iacobucci and Major, JJ.
• Court: Supreme Court (Canada)
• Case Date: March 23, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 168 N.R. 1 (SCC);168 NR 1;71 OAC 73;12 OR (3d) 800;1993 CanLII 122 (SCC);[1993] 1 SCR 893

R. v. Douglas (E.) (1993), 168 N.R. 1 (SCC)

MLB headnote and full text

Eric Douglas (appellant) v. Her Majesty The Queen (respondent)

Dwight Myers (appellant) v. Her Majesty The Queen (respondent)

(Nos. 22849; 22846)

Indexed As: R. v. Douglas (E.) et al.

Supreme Court of Canada

Lamer, C.J.C., L'Heureux-Dubé,

Sopinka, Gonthier, McLachlin,

Iacobucci and Major, JJ.

March 23, 1993.

Summary:

Douglas was charged with trafficking in cocaine. On the date of the trial, defence counsel was provided with the Crown's disclosure documentation. At the opening of the trial, defence counsel moved for a stay of proceedings alleging a Charter violation, and, alternatively, an abuse of process, arising out of the late disclosure. The trial judge stayed proceedings. The Crown appealed.

The Ontario Court of Appeal, in a decision reported in paragraphs 2 to 15 below, allowed the appeal and quashed the stay of proceedings. The accused appealed.

The Supreme Court of Canada dismissed the appeal and ordered a new trial.

Civil Rights - Topic 3133

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to make full answer and defence - Douglas was charged with trafficking in cocaine - On the date of the trial, defence counsel was provided with the Crown's disclosure documentation - At the opening of the trial, defence counsel moved for a stay of proceedings alleging a Charter violation, and, alternatively, an abuse of process, arising out of the late disclosure - The trial judge stayed proceedings - The Supreme Court of Canada affirmed that the issues of whether there was a Charter violation and the appropriate remedy were not properly dealt with by the trial judge - In the result, the stay was quashed and a new trial ordered.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3133 ].

Criminal Law - Topic 4505

Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial - [See Civil Rights - Topic 3133 ].

Cases Noticed:

R. v. Wood (1989), 33 O.A.C. 260; 51 C.C.C.(3d) 201 (C.A.), refd to. [para. 7].

R. v. Mack, [1988] 2 S.C.R. 903; [1989] 1 W.W.R. 577; 90 N.R. 173; 44 C.C.C.(3d) 513; 67 C.R.(3d) 1, refd to. [para. 10].

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181; 14 C.R.(3d) 22 (Eng.); 106 D.L.R.(3d) 212; 50 C.C.C.(2d) 193; 17 C.R.(3d) 34 (Fr.), refd to. [para. 14].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [paras. 1, 4 et seq.]; sect. 11(d) [para. 6]; sect. 24(1) [para. 7 et seq.].

Counsel:

Russell Silverstein, for the appellant, Douglas;

Bruce Duncan, for the appellant, Myers;

Ivan S. Bloom, Q.C., for the respondent, Her Majesty the Queen.

Solicitors of Record:

Pinkofsky, Lockyer, Kwinter, Toronto, Ontario, for the appellant, Douglas;

Duncan, Fava & Schermbrucker, Toronto, Ontario, for the appellant, Myers;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent, Her Majesty the Queen.

This appeal was heard before Lamer, C.J.C., L'Heureux-Dubé, Sopinka, Gonthier, McLachlin, Iacobucci and Major, JJ., of the Supreme Court of Canada. The decision of the court was delivered on March 23, 1993, in both official languages by Lamer, C.J.C.