R. v. Franklin

3 O.R. (3d) 597

Facts

ON CA

arrested on June 21, 1987 and charged with impaired driving...letter addressed to Crown Attorney from a paralegal agent..the letter l informed the court dates in May, June and July of '88...July 31, 1987 set date for July 27, 88

Reasons

ON CA

although the appellant "accepted" a trial date of July 27, 1988, he did so on the basis that his agent Burd had been informed by the Crown Attorney that an earlier trial date was not available...Crown has not met the burden of proving that the appellant, with full knowledge of his right to an earlier trial as guaranteed by s. 11(b) of the Charter, either expressly or by implication waived that right.