R. v. Dallas, Hinchcliffe & Terezakis

R. v. Dallas, Hinchcliffe & Terezakis

The application for disclosure of materials relating to the preferring of the direct indictment is dismissed because the defence made no application alleging abuse of process or Charter infringements and produced no tenable evidence or offer of proof of prosecutorial impropriety; absent such a threshold showing the...

Source-derived case information.

Citation
2001 BCSC 77
Parties
Prosecutor: Regina; Accused: Sidney Gordon Dallas; Accused: Gregory James Hinchcliffe; Accused: John Terezakis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 January 2001
Procedural Posture
Criminal Conspiracy to Traffic Cocaine / Pre Trial Application for Crown Disclosure of Direct Indictment Documents
Outcome
Application dismissed
Legal Topics
Direct Indictment, Prosecutorial Discretion, Disclosure Obligations, Abuse of Process, Judicial Review, Charter Rights (s.7, S.11)
Source Language
english
Criminal Law Constitutional Law Administrative Law Evidence and Disclosure Direct Indictment Prosecutorial Discretion Disclosure Obligations Abuse of Process +2 more

Source-derived case record

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Parties

Regina

Prosecutor

Sidney Gordon Dallas

Accused

Gregory James Hinchcliffe

Accused

John Terezakis

Accused

Procedural Posture

Criminal Conspiracy to Traffic Cocaine / Pre Trial Application for Crown Disclosure of Direct Indictment Documents

Legal Issues

  1. 1 Whether Crown must disclose documents relating to the decision to prefer a direct indictment
  2. 2 Whether the court may review the decision-making process of the Attorney General absent allegations of abuse of process or Charter infringement
  3. 3 Whether circumstances here suggest prosecutorial misconduct: use of direct indictment to delay trial, avoid disclosure, or obtain information on accuseds' assets

Ratio Decidendi

The application for disclosure of materials relating to the preferring of the direct indictment is dismissed because the defence made no application alleging abuse of process or Charter infringements and produced no tenable evidence or offer of proof of prosecutorial impropriety; absent such a threshold showing the Crown is not required to disclose the Attorney General's decision-making materials and the court will not probe prosecutorial motives beyond protection of Charter rights.

Court Disposition

Application dismissed

Orders

  • Application for Crown disclosure of materials relating to the direct indictment is dismissed
  • No production of the requested direct indictment decision documents or will-say statements ordered