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R. v. MacDonnell

[1997] 1 SCR 305 Court SCC Decision date 1997-02-13 Docket 25165 English

PartiesFrances Ellen MacDonnell Appellant·Her Majesty The Queen Respondent

Judges Sopinka, John; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Sopinka J.

On appeal from Nova Scotia

Subjects Constitutional law

Contents

Sopinka J.

Sopinka J. ‑‑ In our opinion the trial judge was correct in finding that in the circumstances there was a breach of the appellant’s right to make full answer and defence and we are satisfied that the trial judge did not err in exercising his discretion in finding that this was one of those clearest of cases in which to order a stay of proceedings.
The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment of the trial judge staying the proceedings is restored.