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R. v. Druken

[1998] 1 SCR 978 Court SCC Decision date 1998-05-27 Docket 26254 English

PartiesHer Majesty The Queen Appellant·Jody Keith Druken Respondent

Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank; Major, John C.; Bastarache, Michel

Delivered by Lamer C.J.

On appeal from Newfoundland and Labrador

Subjects Criminal law

Contents

Lamer C.J.

The Chief Justice ‑‑ The decision to remove counsel does not go to jurisdiction. The issue as to whether there is an appeal on a jurisdictional ground is not before us. The decision to remove counsel is to be reviewed after the trial through the normal appeal process set out by the Criminal Code .
We are all in substantial agreement with the reasons of Cameron J.A. of the Court of Appeal of Newfoundland and accordingly the appeal is allowed, the order of the Court of Appeal is set aside and the Crown’s application to strike the appeal is allowed. The matter is remitted to the Trial Court to proceed according to law.

Statutes and regulations cited