R. v. Fashoranti

R. v. Fashoranti

The Court found a tenable allegation of Crown misconduct and potential abuse of process based on the record (including referral and file notes), held that the requested communications are part of the investigatory stage and not presumptively protected by litigation privilege or solicitor-client privilege in these circumstances, and ordered disclosure of all correspondence between the Crown Attorney's office and the police relating to the three sexual-assault complaints for in camera review to determine whether privilege applies or disclosure is necessary for the accused's s.7 and abuse of process challenge.

Citation
2022 NSPC 36
Parties
Crown: His Majesty the King; Accused: Tim Fashoranti
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 September 2022
Procedural Posture
Criminal / Pre Trial Disclosure Application (pending Stay Application)
Outcome
Disclosure ordered for in camera review
Legal Topics
Abuse of Process, Pre Charge Delay, Solicitor Client Privilege, Litigation Privilege, Prosecutorial Discretion, Conflict of Interest, Disclosure Obligations
Source Language
English
Criminal Law Constitutional Law Evidence Procedural Law Administrative Law (prosecutorial Discretion) Abuse of Process Pre Charge Delay Solicitor Client Privilege +4 more

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Parties

His Majesty the King

Crown

Tim Fashoranti

Accused

Procedural Posture

Criminal / Pre Trial Disclosure Application (pending Stay Application)

Legal Issues

  1. 1 Whether communications between Crown prosecutors and police are subject to solicitor-client or litigation privilege in these circumstances
  2. 2 Whether a tenable allegation of Crown misconduct exists to justify judicial review of prosecutorial decision-making and disclosure
  3. 3 Whether pre-charge delay and changed charging decisions give rise to an abuse of process and a s.7 Charter complaint

Ratio Decidendi

The Court found a tenable allegation of Crown misconduct and potential abuse of process based on the record (including referral and file notes), held that the requested communications are part of the investigatory stage and not presumptively protected by litigation privilege or solicitor-client privilege in these circumstances, and ordered disclosure of all correspondence between the Crown Attorney's office and the police relating to the three sexual-assault complaints for in camera review to determine whether privilege applies or disclosure is necessary for the accused's s.7 and abuse of process challenge.

Court Disposition

Disclosure ordered for in camera review

Orders

  • Crown to disclose to the Court all correspondence between the Crown Attorney's office and the police relating to the K.T., V.C. and A.B. sexual-assault complaints for review by 4:00 p.m. October 21, 2022.