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R. v. Finn

[1997] 1 SCR 10 Court SCC Decision date 1997-01-30 Docket 25292 English

PartiesDana Marie Finn 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 Newfoundland and Labrador

Subjects Constitutional law Criminal law

Contents

Sopinka J.

Sopinka J. ‑‑ This is an appeal as of right. In our opinion this is not one of those clearest of cases in which an abuse of process should be found. The charges were laid after an independent investigation and decision by the authorities. It cannot therefore be said that the purpose of the prosecution was to advance the civil interest of the complainant to recover a debt. Moreover, there was no unfairness such as would amount to an abuse of process.
With respect to the alleged unreasonable delay, we agree with the reasons of Marshall J.A. in the Court of Appeal that no violation of s. 11(b) of the Canadian Charter of Rights and Freedoms occurred.
The appeal is dismissed.

Statutes and regulations cited