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R. v. Kearney

[1992] 3 SCR 807 Court SCC Decision date 1992-12-01 Docket 22916 English

PartiesHer Majesty The Queen Appellant·William J. Kearney Respondent·The Attorney General of Canada Intervener

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley; Iacobucci, Frank

Decision 6–1 Majority (6) · Lamer C.J. (1)

On appeal from New Brunswick

Subjects Constitutional law

Contents

Majority

The judgment of the Court was delivered orally by

Lamer C.J.

Lamer C.J. ‑‑ We are all of the view that this appeal should be allowed and the respondent be sent back to stand trial. R. v. Vermette, [1988] 1 S.C.R. 985, governs the appeal. On the facts of this case, we find that there has been no violation of the respondent's Charter rights nor has there been an abuse of process.
The appeal is allowed, the judgments below are set aside and a new trial is ordered.
Judgment accordingly.
Solicitor for the appellant: The Attorney General for Ontario, Toronto.
Solicitors for the respondent: Hughes, Campbell, Fredericton.
Solicitor for the intervener: The Deputy Attorney General of Canada, Ottawa.

Cases cited

Statutes and regulations cited