R. v. Black

R. v. Black

The application to compel George Redling to testify was dismissed because the applicant failed to satisfy the court on the balance of probabilities that Redling would provide relevant or material evidence to the Charter motions; consequently no subpoena will issue.

Citation
2002 NSSC 26
Parties
Crown/prosecution: Her Majesty the Queen; Defendant/applicant: Frederick William Logan Black; Superintendent of Bankruptcy / Witness/respondent to Application: George Redling
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 December 2001
Procedural Posture
Criminal Fraud / Pre Trial Charter Motions / Application to Compel Witness Attendance
Outcome
Application dismissed; no subpoena will be issued to George Redling
Legal Topics
Charter Rights, Stay of Proceedings, Subpoena / Compellability of Witnesses, Investigative Conduct, Relevance and Materiality
Source Language
English
Criminal Law Constitutional Law Evidence Administrative Law Bankruptcy Law Charter Rights Stay of Proceedings Subpoena / Compellability of Witnesses +2 more

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Parties

Her Majesty the Queen

Crown/prosecution

Frederick William Logan Black

Defendant/applicant

George Redling

Superintendent of Bankruptcy / Witness/respondent to Application

Procedural Posture

Criminal Fraud / Pre Trial Charter Motions / Application to Compel Witness Attendance

Legal Issues

  1. 1 Whether the Court should compel the Superintendent of Bankruptcy (George Redling) to testify at Charter motions
  2. 2 Whether the applicant met the onus on a balance of probabilities that Redling has relevant and material evidence
  3. 3 Whether the OSB or its Superintendent influenced the RCMP investigation or the form/content of the Piper report

Ratio Decidendi

The application to compel George Redling to testify was dismissed because the applicant failed to satisfy the court on the balance of probabilities that Redling would provide relevant or material evidence to the Charter motions; consequently no subpoena will issue.

Court Disposition

Application dismissed; no subpoena will be issued to George Redling

Orders

  • Application to require George Redling's attendance dismissed
  • No subpoena shall be issued to George Redling