R. v. Martin

R. v. Martin

The court ruled that the indemnity letter was of no legal effect, exercised its inherent jurisdiction to impose conditions to ensure orderly conduct of the impending trial, required disclosure of identity, address, government photo ID and a signed undertaking from any non-lawyer representative by a fixed deadline, and ordered the trial to commence with an admissibility voir dire to determine Charter issues relating to seized materials.

Citation
2013 NSPC 34
Parties
Prosecution: Her Majesty the Queen; Accused/defendant: Darren Martin; Amicus Curiae: Stephen Robertson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 May 2013
Procedural Posture
Criminal (tax Related) / Pre Trial (trial Scheduling and Conduct)
Outcome
Court made orders governing representation and trial conduct; indemnity letter rejected as having no legal force; trial to proceed beginning with admissibility voir dire.
Legal Topics
Disclosure, Admissibility (voir Dire), Representation and Unauthorized Practice, Court Management and Case Scheduling, Search and Seizure (charter Issues)
Source Language
English
Criminal Law Tax Law Charter (constitutional Law) Criminal Procedure and Evidence Disclosure Admissibility (voir Dire) Representation and Unauthorized Practice Court Management and Case Scheduling +1 more

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Darren Martin

Accused/defendant

Stephen Robertson

Amicus Curiae

Procedural Posture

Criminal (tax Related) / Pre Trial (trial Scheduling and Conduct)

Legal Issues

  1. 1 Legal effect of a privately authored indemnity letter to discharge criminal charges
  2. 2 Permissibility and notification requirements for non-lawyer representation
  3. 3 Procedure for resolving Charter-based search and seizure issues within trial (voir dire)

Ratio Decidendi

The court ruled that the indemnity letter was of no legal effect, exercised its inherent jurisdiction to impose conditions to ensure orderly conduct of the impending trial, required disclosure of identity, address, government photo ID and a signed undertaking from any non-lawyer representative by a fixed deadline, and ordered the trial to commence with an admissibility voir dire to determine Charter issues relating to seized materials.

Court Disposition

Court made orders governing representation and trial conduct; indemnity letter rejected as having no legal force; trial to proceed beginning with admissibility voir dire.

Orders

  • The letter purporting to indemnify or discharge Mr. Martin is of no legal force or effect in proceedings before this Court.
  • If Mr. Martin will be represented at trial by an individual who is not a member of the bar qualified under the Legal Profession Act (Nova Scotia), Mr. Martin must, in writing no later than 4:00 p.m. on 7 June 2013, provide the full name and mailing or civic address of that individual, a photocopy of a...