R. v. Shupe
Court headnote
R. v. Shupe Collection Supreme Court Judgments Date 1990-10-09 Report [1990] 2 SCR 1108 Case number 20920 Judges Wilson, Bertha; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; McLachlin, Beverley On appeal from Alberta Subjects Criminal law Notes SCC Case Information: 20920 Decision Content R. v. Shupe, [1990] 2 S.C.R. 1108 Galyn George Shupe Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Shupe File No.: 20920. 1990: October 9. Present: Wilson, La Forest, L'Heureux‑Dubé, Sopinka and McLachlin JJ. on appeal from the court of appeal for alberta Criminal law ‑‑ Stay of proceedings ‑‑ Allegation that Charter right to fair trial infringed ‑‑ Accused unable to communicate with court and incapable of understanding charge ‑‑ Stay granted but set aside on appeal ‑‑ Appellant unable to show trial judge not appropriate forum for application. APPEAL from a judgment of the Alberta Court of Appeal (1988), 58 Alta. L.R. (2d) 109, 85 A.R. 73, 47 C.C.C. (3d) 91, 63 C.R. (3d) 393, allowing an appeal from and setting aside the stay of proceedings granted by Cooke J. (1987), 53 Alta. L.R. (2d) 387, 80 A.R. 122, 38 C.C.C. (3d) 64, 59 C.R. (3d) 329, [1987] 5 W.W.R. 656. Appeal dismissed. Brian Beresh, for the appellant. Michael Watson, for the respondent. The judgment of the Court was delivered orally by Wilson J. ‑‑ It will not be necessary to hear from you, Mr. Watson. The Court is ready to give judgment from the Bench. Whether or not the Chambers Judge had jurisdi…
Full judgment (source text)
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R. v. Shupe Collection Supreme Court Judgments Date 1990-10-09 Report [1990] 2 SCR 1108 Case number 20920 Judges Wilson, Bertha; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; McLachlin, Beverley On appeal from Alberta Subjects Criminal law Notes SCC Case Information: 20920 Decision Content R. v. Shupe, [1990] 2 S.C.R. 1108 Galyn George Shupe Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Shupe File No.: 20920. 1990: October 9. Present: Wilson, La Forest, L'Heureux‑Dubé, Sopinka and McLachlin JJ. on appeal from the court of appeal for alberta Criminal law ‑‑ Stay of proceedings ‑‑ Allegation that Charter right to fair trial infringed ‑‑ Accused unable to communicate with court and incapable of understanding charge ‑‑ Stay granted but set aside on appeal ‑‑ Appellant unable to show trial judge not appropriate forum for application. APPEAL from a judgment of the Alberta Court of Appeal (1988), 58 Alta. L.R. (2d) 109, 85 A.R. 73, 47 C.C.C. (3d) 91, 63 C.R. (3d) 393, allowing an appeal from and setting aside the stay of proceedings granted by Cooke J. (1987), 53 Alta. L.R. (2d) 387, 80 A.R. 122, 38 C.C.C. (3d) 64, 59 C.R. (3d) 329, [1987] 5 W.W.R. 656. Appeal dismissed. Brian Beresh, for the appellant. Michael Watson, for the respondent. The judgment of the Court was delivered orally by Wilson J. ‑‑ It will not be necessary to hear from you, Mr. Watson. The Court is ready to give judgment from the Bench. Whether or not the Chambers Judge had jurisdiction, the appellant has failed to satisfy us that the trial judge was not the appropriate forum for this application. The appeal is accordingly dismissed. Judgment accordingly. Solicitors for the appellant: Beresh, DePoe, Cunningham, Edmonton. Solicitor for the respondent: The Attorney General for Alberta, Edmonton.
Source: decisions.scc-csc.ca
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