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R. v. Booth

[1988] 1 SCR 663 Court SCC Decision date 1988-04-29 Docket 18835 English

PartiesPeter Booth, Michael Prevost, Kevin Leclair and Charles Booth Appellants·Her Majesty The Queen Respondent·The Attorney General of Canada Intervener

Judges Beetz, Jean; McIntyre, William Rogers; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V.; L'Heureux-Dubé, Claire

Decision 5–1–1 Majority (5) · Beetz J. (1) · Lamer J. (1)

On appeal from Ontario

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Beetz J.

1. Beetz J.‑‑It will not be necessary to call on you, Mr. Gover and Mr. Isaac. I will ask my brother Lamer J. to deliver the judgment of the Court.

Lamer J.

2. Lamer J.‑‑We find no error in the Court of Appeal's exercise of its jurisdiction to review the trial judge's entering of a stay of proceedings. We should not, in matters such as this, absent error, interfere with the findings below. Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant Peter Booth: Greenspan, Rosenberg, Toronto.
Solicitors for the appellants Michael Prevost and Charles Booth: Paquette, Campbell, Lalande, Sudbury.
Solicitors for the appellant Kevin Leclair: Topp, Stevens, Sudbury.
Solicitor for the respondent: The Ministry of the Attorney General for Ontario, Toronto.
Solicitor for the intervener: The Deputy Attorney General of Canada, Ottawa.