Canada Judgment

Supreme Court of Canada

Franklin v. The Queen

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Research organized from the available case record

Source document

01

Holding and result

The Court held that a trial court acting on an indictment does not lose jurisdiction merely because it fails to proceed at the time fixed for trial; jurisdiction is only lost in the presence of unconstitutional conduct, and the setting of trial dates is not purely administrative.

Court disposition

Appeal dismissed.

Orders

  • Appeal dismissed.

02

Material facts

Parties

Ronald Arthur Franklin

Appellant Counsel: John A. Howlett

Her Majesty The Queen

Respondent Counsel: Michael R. Dambrot

Amounts and remedies

  • Case Number: 17,484

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal to Supreme Court of Canada From Ontario Court of Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The accused argued that failure to proceed at the session for which trial was fixed divested the court of jurisdiction and entitled the accused to prohibition; the setting of trial dates was characterized as administrative and could not validate continuation of the trial.
Respondent
The Crown argued that no loss of jurisdiction occurs when a trial court acting on an indictment fails to proceed at the time set for trial absent unconstitutional conduct; reasonable procedural latitude is acceptable in indictment proceedings and R. v. Krannenburg applies to magistrates under Parts XVI or XXIV of the Criminal Code.

05

Court’s reasoning

  1. 01

    Franklin v. The Queen, [1985] 1 S.C.R. 293

    Failure to proceed at the time fixed for trial does not divest jurisdiction over an indictment absent unconstitutional conduct.

  2. 02

    R. v. Krannenburg, [1980] 1 S.C.R. 1053

    R. v. Krannenburg is applicable to trials held by magistrates sitting under Parts XVI or XXIV of the Criminal Code.

  3. 03

    R. v. Chabot, [1980] 2 S.C.R. 985

    Reasonable procedural latitude is desirable in proceedings pursuant to indictment.

06

Ratio, limits and disposition

Ratio decidendi

The Court held that a trial court acting on an indictment does not lose jurisdiction merely because it fails to proceed at the time fixed for trial; jurisdiction is only lost in the presence of unconstitutional conduct, and the setting of trial dates is not purely administrative.

Obiter and limits

  • The setting of trial dates should not be characterized as purely administrative in nature.
  • R. v. Krannenburg applies to magistrates sitting under Parts XVI or XXIV of the Criminal Code.
  • Reasonable procedural latitude should be afforded in indictment proceedings.

Court disposition

Appeal dismissed.

  • Appeal dismissed.

Source and reliance status

Supreme Court of Canada · 4 April 1985

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 4 April 1985

[1985] 1 SCR 293

Franklin v. The Queen Collection Supreme Court Judgments Date 1985-04-04 Report [1985] 1 SCR 293 Case number 17484 Judges Dickson, Robert George Brian; Estey, Willard Zebedee; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V. On appeal from Ontario Subjects Criminal law Notes SCC Case Information: 17484 Decision Content Franklin v. The Queen, [1985] 1 S.C.R. 293 Ronald Arthur Franklin Appellant; and Her Majesty The Queen Respondent. File No.: 17484. 1985: March 14; 1985: April 4. Present: Dickson C.J. and Estey, Chouinard, Lamer, Wilson, Le Dain and La Forest JJ. on appeal from the court of appeal for ontario Criminal law ‑‑ Courts ‑‑ Jurisdiction ‑‑ Court of General Sessions of the Peace ‑‑ Trial not proceeding at sessions for which trial fixed ‑‑ Jurisdiction over indictment not lost. Cases Cited R. v. Krannenburg, [1980] 1 S.C.R. 1053, considered; R. v. Chabot, [1980] 2 S.C.R. 985, referred to. APPEAL from a judgment of the Ontario Court of Appeal (1982), 40 O.R. (2d) 647, 2 C.C.C. (3d) 232, allowing the Crown's appeal from a judgment of Hughes J. (1982), 37 O.R. (2d) 454, 67 C.C.C. (2d) 483, allowing the accused's application for prohibition. Appeal dismissed. John A. Howlett, for the appellant. Michael R. Dambrot, for the respondent. The following is the judgment delivered by 1. The Court‑‑We are all of the view that this appeal should fail. The decision of this Court in R. v. Krannenburg, [1980] 1 S.C.R. 1053, is applicable for trials held by magistrates sitting under Parts XVI or XXIV of the Criminal Code .

2. We do not agree, however, with the Ontario Court of Appeal's characterization of the setting of trial dates as administrative in nature. As this Court noted in R. v. Chabot, [1980] 2 S.C.R. 985, reasonable procedural latitude is desirable in proceedings pursuant to indictment. There will be no loss of jurisdiction when a trial court, acting on an indictment, fails to proceed at the time set for trial, absent unconstitutional conduct.

3. The appeal is accordingly dismissed. Appeal dismissed. Solicitor for the appellant: John A. Howlett, Toronto. Solicitor for the respondent: R. Tassé, Ottawa.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Krannenburg, [1980] 1 S.C.R. 1053

Case cited

R. v. Chabot, [1980] 2 S.C.R. 985

Case cited

Criminal Code (Canada) Parts XVI and XXIV

Legislation

Legislation referenced in the available case record.

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