R. v. Hilchey

R. v. Hilchey

The Crown's Vukelich application is granted because the amended Charter grounds either raise issues of evidence processing and trial admissibility/weight rather than Charter breaches, or are speculative and unsupported (missing money allegation), or cause no demonstrated prejudice (photo log); therefore there is no reasonable likelihood an expanded voir dire would assist or produce the remedies sought, and the evidentiary hearing on the amended grounds is unnecessary, so the voir dire is confined to the original grounds only.

Citation
2015 NSPC 46
Parties
Prosecution: Her Majesty the Queen; Accused: Michael David Hilchey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 July 2015
Procedural Posture
Criminal (controlled Drugs and Substances Act Possession for the Purpose of Trafficking; Charter Application) / Vukelich Application (pre Trial Determination Whether Amended Charter Grounds Warrant an Evidentiary Voir Dire); Decision Limiting Voir Dire to Original Grounds
Outcome
Crown's Vukelich application granted; amended Charter grounds dismissed from evidentiary voir dire; voir dire confined to original grounds only
Legal Topics
Charter S.7, Charter S.8, Charter S.24(1) and S.24(2) Remedies, Vukelich Application, Abuse of Process, Disclosure, Admissibility and Weight, Search Under Warrant, Evidence Handling and Lab Sampling
Source Language
English
Criminal Law Constitutional Law Evidence Law Criminal Procedure Charter S.7 Charter S.8 Charter S.24(1) and S.24(2) Remedies Vukelich Application +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Michael David Hilchey

Accused

Procedural Posture

Criminal (controlled Drugs and Substances Act Possession for the Purpose of Trafficking; Charter Application) / Vukelich Application (pre Trial Determination Whether Amended Charter Grounds Warrant an Evidentiary Voir Dire); Decision Limiting Voir Dire to Original Grounds

Legal Issues

  1. 1 Whether the accused has demonstrated a reasonable basis to find Charter breaches in the amended notice
  2. 2 Whether an expanded evidentiary voir dire on the amended grounds would likely assist the court
  3. 3 Whether any proven Charter violation on the amended grounds could result in the remedies sought (exclusion or stay)

Ratio Decidendi

The Crown's Vukelich application is granted because the amended Charter grounds either raise issues of evidence processing and trial admissibility/weight rather than Charter breaches, or are speculative and unsupported (missing money allegation), or cause no demonstrated prejudice (photo log); therefore there is no reasonable likelihood an expanded voir dire would assist or produce the remedies sought, and the evidentiary hearing on the amended grounds is unnecessary, so the voir dire is confined to the original grounds only.

Court Disposition

Crown's Vukelich application granted; amended Charter grounds dismissed from evidentiary voir dire; voir dire confined to original grounds only

Orders

  • Grant Vukelich application and dismiss the amended Charter grounds from the voir dire
  • Limit the Charter voir dire to the original grounds only (excessive force and the ‘dildo’ photograph/search scope)