Majority
The judgment of the Court was delivered orally by
Cory J.
Cory J. ‑‑ This is an appeal as of right.
We are all of the view that on the facts of this case the respondent was not detained. It follows that there could not be any infringement of his rights guaranteed by s. 10(b) of the Canadian Charter of Rights and Freedoms .
The appeal is therefore allowed. The order of the Court of Appeal is set aside and the conviction restored.
Judgment accordingly.
Solicitor for the appellant: Wayne Gorman, St. John's.
Solicitors for the respondent: Gold & Fuerst, Toronto.