R. v. Henneberry

R. v. Henneberry

The Charter motion had an "air of reality" arising from evidence at trial; although the Defence filed notice late and that caused prejudice to the Crown, the prejudice was remediable by adjournment and permitting re-opening of cases; therefore it would be an unfair exercise of discretion to summarily dismiss the Defence Charter motion and the Crown's motion to dismiss is denied.

Citation
2015 NSPC 44
Parties
Crown: Her Majesty the Queen; Accused: Tyler Henneberry
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 July 2015
Procedural Posture
Criminal Fisheries Offence / Crown Motion to Summarily Dismiss Defence Charter Motion After Close of Evidence and Adjournments
Outcome
Crown motion to summarily dismiss Defence Charter motion denied.
Legal Topics
Charter Motion Notice, Summary Dismissal of Charter Motion, Vagueness Challenge, Charging Discretion, Court Rules and Practice Direction, Adjournment and Re Opening of Cases
Source Language
English
Constitutional Law Criminal Procedure Fisheries Law Evidence Charter Motion Notice Summary Dismissal of Charter Motion Vagueness Challenge Charging Discretion +2 more

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Parties

Her Majesty the Queen

Crown

Tyler Henneberry

Accused

Procedural Posture

Criminal Fisheries Offence / Crown Motion to Summarily Dismiss Defence Charter Motion After Close of Evidence and Adjournments

Legal Issues

  1. 1 Whether Defence Charter motion was filed with sufficient and timely notice
  2. 2 Whether lateness prejudiced the Crown and justified summary dismissal
  3. 3 Whether the Charter allegations have an "air of reality" warranting a hearing on the merits

Ratio Decidendi

The Charter motion had an "air of reality" arising from evidence at trial; although the Defence filed notice late and that caused prejudice to the Crown, the prejudice was remediable by adjournment and permitting re-opening of cases; therefore it would be an unfair exercise of discretion to summarily dismiss the Defence Charter motion and the Crown's motion to dismiss is denied.

Court Disposition

Crown motion to summarily dismiss Defence Charter motion denied.

Orders

  • Crown motion for summary dismissal of the Defence's Charter motion is denied.