R. v. Boudreau

R. v. Boudreau

Defence failed to establish a basis to conclude that DFO memos/emails from the July 13, 2007 meeting exist and are potentially relevant; furthermore, based on undisputed information about the meeting the court found any such documentation would be clearly irrelevant to the prosecution of Mr. Boudreau; accordingly the disclosure application is denied.

Citation
2009 NSPC 7
Parties
Crown: Her Majesty the Queen; Accused: Gordon Andreau Boudreau
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 February 2009
Procedural Posture
Criminal (fisheries Act Offences) / Pre Trial — Disclosure Application (interlocutory)
Outcome
Disclosure application denied.
Legal Topics
Disclosure, Crown Disclosure Obligations, Relevance, Third Party Records, Pre Trial Procedure
Source Language
English
Criminal Law Fisheries Law Evidence Administrative Law Disclosure Crown Disclosure Obligations Relevance Third Party Records +1 more

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Parties

Her Majesty the Queen

Crown

Gordon Andreau Boudreau

Accused

Procedural Posture

Criminal (fisheries Act Offences) / Pre Trial — Disclosure Application (interlocutory)

Legal Issues

  1. 1 Whether Crown must inquire into and disclose DFO memos/emails arising from July 13, 2007 meeting
  2. 2 Standard for defence to obtain disclosure when Crown denies or is unaware of existence of material
  3. 3 Test of relevance for disclosure (reasonable possibility of usefulness)

Ratio Decidendi

Defence failed to establish a basis to conclude that DFO memos/emails from the July 13, 2007 meeting exist and are potentially relevant; furthermore, based on undisputed information about the meeting the court found any such documentation would be clearly irrelevant to the prosecution of Mr. Boudreau; accordingly the disclosure application is denied.

Court Disposition

Disclosure application denied.

Orders

  • Application for production of DFO memos, emails or other records relating to the July 13, 2007 meeting denied.
  • No further disclosure required from the Crown in relation to the July 13, 2007 meeting.