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R. v. Bramwell

[1996] 3 SCR 1126 Court SCC Decision date 1996-11-29 Docket 25211 English

PartiesHenry Lewis Bramwell Appellant·Her Majesty The Queen Respondent

Judges Lamer, Antonio; Sopinka, John; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Sopinka J.

On appeal from British Columbia

Subjects Criminal law

Contents

Sopinka J.

Sopinka J. ‑‑ This appeal is here as of right. We agree with the Court of Appeal that this was not one of the clearest cases in which a stay of proceedings was warranted. In our opinion, the Court of Appeal was justified in reviewing and reversing the trial judge’s exercise of his discretion by reason of the trial judge’s failure to take into account the absence on the part of the appellant of timely objection to non‑disclosure and by reason of the trial judge’s error in finding that a stay was the only appropriate remedy. The appeal is dismissed.