Hyperlawhypertext legal database Buchbinder v. R. [1983] 2 SCR 159

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Buchbinder v. R.

[1983] 2 SCR 159 Court SCC Decision date 1983-10-13 Docket 16761 English

PartiesHoward Buchbinder Appellant·Her Majesty The Queen Respondent·Canadian Civil Liberties Association Intervener

Counsel (6)
Paul D. Copeland, for the appellant.
Howard F. Morton, for the respondent.
Ian Scott, Q.C., and Ross Wells, for the intervener.
Solicitors for the appellant: Copeland, Liss, Toronto.
Solicitor for the respondent: The Attorney General for the Province of Ontario, Toronto.
Solicitors for the intervener: Cameron, Brewin & Scott, Toronto.

Judges Laskin, Bora; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha

Delivered by Judgment of the Court — LAMER J.

On appeal from Ontario

Subjects Criminal law

Contents

Judgment of the Court — LAMER J.

The judgment of the Court was delivered by

LAMER J.—This case is, as regards the law, identical to that of Dowson v. The Queen, [1983] 2 S.C.R. 144. Both cases were argued jointly in the Court of Appeal for Ontario and in this Court.
For the reasons set out in the case of Dowson, supra, I would allow the appeal, order the issuance of a mandamus directing his Worship Justice of the Peace Inderpaul Chandhoke to proceed with a hearing pursuant to s. 455.3 of the Criminal Code
[Page 160]
on the four informations laid by appellant Howard Buchbinder.
Appeal allowed.
Solicitors for the appellant: Copeland, Liss, Toronto.
Solicitor for the respondent: The Attorney General for the Province of Ontario, Toronto.
Solicitors for the intervener: Cameron, Brewin & Scott, Toronto.

Cases cited

  • Dowson v. R. 16818-1983-10-13 scc 1983-10-13
  • of Dowson of Dowson, supra

Statutes and regulations cited