Canada Judgment

Supreme Court of Canada

R. v. Pasini

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Supreme Court agreed with the Quebec Court of Appeal that, in the exceptional circumstances of these cases, the prosecution was entitled to exercise its discretion to declare a nolle prosequi and that there were no grounds to uphold the stays of proceedings ordered by the Superior Court; accordingly the appeals were dismissed and the stays quashed.

Court disposition

Appeals dismissed; stays of proceedings quashed; Crown's appeal allowed.

Orders

  • Appeals dismissed.
  • Stays of proceedings ordered by Tannenbaum J. quashed.
  • Crown's appeal allowed.

02

Material facts

Parties

Claude Laberge

Appellant Counsel: Jean-Claude Hébert

André Dufresne

Appellant Counsel: Sophie Bourque

Jacques Côté

Appellant Counsel: Bernard Lamarche

Pierre Côté

Appellant Counsel: Bernard Lamarche

Robert Lavigne

Appellant Counsel: Danielle Roy

Serge Joly

Appellant Counsel: Danielle Roy

Pierre Joly

Appellant Counsel: Danielle Roy

Marie‑France Pasini

Appellant Counsel: Sylvain De Lagrave

Benoît Ratté

Appellant Counsel: Bernard Lamarche

Gilbert Wasser

Appellant Counsel: Alain Régnier

Michel Juneau

Appellant Counsel: Bernard Lamarche

Gérard Deslongchamps

Appellant Counsel: Bernard Lamarche

Her Majesty The Queen

Respondent Counsel: Michel Denis

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal to the Supreme Court of Canada; Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellants argued that delays infringed s.11(b) of the Charter and that stays of proceedings were warranted; Superior Court ordered stays by reason of unreasonable delay.
Respondent
Crown argued that the prosecution could exercise its discretion to declare a nolle prosequi and stay proceedings and that the stays ordered by the Superior Court were not justified; the Quebec Court of Appeal allowed the Crown's appeal.

05

Court’s reasoning

  1. 01

    Common law / prosecutorial discretion

    Prosecution has a common law discretion to enter a nolle prosequi to discontinue proceedings

  2. 02

    Canadian Charter of Rights and Freedoms, s.11(b)

    Section 11(b) of the Canadian Charter of Rights and Freedoms guarantees the right to be tried within a reasonable time and may justify a stay in appropriate circumstances

  3. 03

    Supreme Court of Canada precedent and appellate practice

    Appellate courts may review and quash stays of proceedings ordered by trial judges where those stays are not justified by the law or facts

06

Ratio, limits and disposition

Ratio decidendi

The Supreme Court agreed with the Quebec Court of Appeal that, in the exceptional circumstances of these cases, the prosecution was entitled to exercise its discretion to declare a nolle prosequi and that there were no grounds to uphold the stays of proceedings ordered by the Superior Court; accordingly the appeals were dismissed and the stays quashed.

Court disposition

Appeals dismissed; stays of proceedings quashed; Crown's appeal allowed.

  • Appeals dismissed.
  • Stays of proceedings ordered by Tannenbaum J. quashed.
  • Crown's appeal allowed.

Source and reliance status

Supreme Court of Canada · 29 April 1992

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of Canada

Judgment· 29 April 1992

[1992] 1 SCR 1017

R. v. Pasini Collection Supreme Court Judgments Date 1992-04-29 Report [1992] 1 SCR 1017 Case number 22356, 22357, 22360, 22361, 22363, 22364, 22666, 22730 Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley; Stevenson, William; Iacobucci, Frank On appeal from Quebec Subjects Constitutional law Notes SCC Case Information: 22356, 22357, 22360, 22361, 22363, 22364, 22666, 22730 Decision Content R. v. Pasini, [1992] 1 S.C.R. 1017 Claude Laberge Appellant v. Her Majesty The Queen Respondent and between André Dufresne Appellant v. Her Majesty The Queen Respondent and between Jacques Côté and Pierre Côté Appellants v. Her Majesty The Queen Respondent and between Robert Lavigne, Serge Joly and Pierre Joly Appellants v. Her Majesty The Queen Respondent and between Marie‑France Pasini and Benoît Ratté Appellants v. Her Majesty The Queen Respondent and between Gilbert Wasser Appellant v. Her Majesty The Queen Respondent and between Michel Juneau Appellant v. Her Majesty The Queen Respondent and between Gérard Deslongchamps Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Pasini File Nos.: 22356, 22357, 22360, 22361, 22363, 22364, 22666 and 22730. 1992: April 29. Present: La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, McLachlin, Stevenson and Iacobucci JJ. on appeal from the court of appeal for

quebec Constitutional law ‑‑ Charter of Rights ‑‑ Trial within a reasonable time ‑‑ Stays of proceedings ordered by Superior Court judge quashed. APPEALS from a judgment of the Quebec Court of Appeal, [1991] R.J.Q. 669, 63 C.C.C. (3d) 436, 4 C.R. (4th) 188, allowing the Crown's appeal and quashing the stays of proceedings ordered by the Superior Court, R.J.P.Q. 88‑151. Appeals dismissed. Jean‑Claude Hébert, for the appellant Laberge. Sophie Bourque, for the appellant Dufresne. Bernard Lamarche, for the appellants Côté, Juneau, Ratté and Deslongchamps. Danielle Roy, for the appellants Lavigne and Joly. Sylvain De Lagrave, for the appellant Pasini. Alain Régnier, for the appellant Wasser. Michel Denis, for the respondent. //La Forest// English version of the judgment of the Court delivered orally by La Forest J. ‑‑ It will not be necessary to hear from you Mr. Denis. The Court is ready to hand down judgment. The judgment will be pronounced by Mr. Justice Gonthier. Gonthier J. -- These are appeals as of right from a decision of the Quebec Court of Appeal quashing stays of proceedings on grounds of unreasonable delay ordered by Tannenbaum J. We are all in agreement with the Court of Appeal's conclusion that in the exceptional circumstances of this case it was open to the prosecution to exercise its discretion to declare a stay of proceedings by way of nolle prosequi and that there

were no grounds for the stay of proceedings ordered by Tannenbaum J. Accordingly, the appeals are dismissed. Judgment accordingly. Solicitors for the appellants Laberge and Dufresne: Hébert, Bourque, Montréal. Solicitors for the appellants Côté, Ratté and Juneau: Barrière, Côté, Girard, Lamarche, Pinard & Rumanek, Montréal. Solicitor for the appellants Lavigne and Joly: Danielle Roy, Montréal. Solicitor for the appellant Pasini: Sylvain De Lagrave, Montréal. Solicitor for the appellant Wasser: Alain Régnier, Montréal. Solicitors for the appellant Deslongchamps: Melançon, Bertrand & Associés, Laval. Solicitor for the respondent: Michel Denis, Montréal.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

Quebec Court of Appeal decision, [1991] R.J.Q. 669

Case cited

R. v. Pasini, [1992] 1 S.C.R. 1017

Case cited

Canadian Charter of Rights and Freedoms, s.11(b)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.