Her Majesty The Queen Appellant v. Hubert Hunt,, 2017 SCC 25

SUPREME COURT OF CANADA Citation: R. v. Hunt, 2017 SCC 25, [2017] 1 S.C.R. 476 Appeal heard: April 25, 2017 Judgment rendered: April 25, 2017 Docket: 37314 Between: Her Majesty The Queen Appellant and Hubert Hunt, William Parsons, Gary Hillyard and John King Respondents Coram: Abella, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown JJ. Reasons for Judgment: (paras. 1 and 2) Abella J. (Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown JJ. concurring) R. v. Hunt, 2017 SCC 25, [2017] 1 S.C.R. 476 Her Majesty The Queen Appellant

v. Hubert Hunt, William Parsons, Gary Hillyard and John King Respondents Indexed as: R. v. Hunt 2017 SCC 25 File No.: 37314. 2017: April 25.

Present: Abella, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown JJ. on appeal from the court of appeal for newfoundland and labrador Constitutional law — Charter of Rights — Remedy — Stay of proceedings — Accused jointly charged with fraud, conspiracy to commit fraud, falsifying books and documents, and circulating false prospectus — Accused alleging abuse of process due to pre- charge delay in violation of their constitutional right to security of person — Trial judge granting stay of proceedings — Majority of Court of Appeal finding no basis on which to conclude that trial judge erred in determining that stay of proceedings was appropriate remedy — Dissenting judge finding that accused not deprived of constitutional right to security of person and that stay of proceedings should not have been granted — Stay of proceedings not warranted.

APPEAL from a judgment of the Court of Appeal for Newfoundland and Labrador (Welsh, Rowe and Hoegg JJ.A.), 2016 NLCA 61 , 33 C.R. (7th) 321, [2016] N.J. No. 372 (QL), 3016 CarswellNfld 425 (WL Can.), affirming a decision of Thompson J., 2015 NLTD(G) 15, 334 C.R.R. (2d) 236, 361 Nfld. & P.E.I.R. 193, 1122 A.P.R. 193, [2015] N.J. No. 39 (QL), 2015 CarswellNfld 27 (WL Can.) . Appeal allowed, Côté J. dissenting. Lloyd M. Strickland , for the appellant. Derek Hogan , for the respondent Hubert Hunt. Randolph J. Piercey , Q.C. , for the respondent William Parsons. Jonathan E. Noonan , for the respondent Gary Hillyard.

John Brooks , Q.C. , for the respondent John King. The judgment of the Court was delivered orally by [ 1 ] Abella J. — A majority of this Court is of the view that the appeal should be allowed substantially for the reasons of Hoegg J.A. [ 2 ] Justice Côté would dismiss the appeal substantially for the reasons of the majority in the Court of Appeal. Judgment accordingly. Solicitor for the appellant: Special Prosecutions Office, St. John’s. Solicitor for the respondent Hubert Hunt: Newfoundland and Labrador Legal Aid Commission, St. John’s. Solicitors for the respondent William Parsons: Noonan Piercey, St. John’s.

Solicitors for the respondent Gary Hillyard: Noonan Piercey, St. John’s. Solicitor for the respondent John Brooks: John Brooks Law Office, St. John’s.