The following is the judgment delivered by
1. The Court‑‑We are all of the view that this appeal should fail. The decision of this Court in R. v. Krannenburg, [1980] 1 S.C.R. 1053, is applicable for trials held by magistrates sitting under Parts XVI or XXIV of the Criminal Code .
2. We do not agree, however, with the Ontario Court of Appeal's characterization of the setting of trial dates as administrative in nature. As this Court noted in R. v. Chabot, [1980] 2 S.C.R. 985, reasonable procedural latitude is desirable in proceedings pursuant to indictment. There will be no loss of jurisdiction when a trial court, acting on an indictment, fails to proceed at the time set for trial, absent unconstitutional conduct.
3. The appeal is accordingly dismissed.
Appeal dismissed.
Solicitor for the appellant: John A. Howlett, Toronto.
Solicitor for the respondent: R. Tassé, Ottawa.
Cases cited
- R. v. Krannenburg item-5688-1980-03-03
- R. v. Chabot item-4517-1980-12-18