R. v. Malik, Bagri and Reyat

R. v. Malik, Bagri and Reyat

The court applied the Murrin standard and held that an accused seeking internal Crown charging memoranda must show a real and substantial possibility of bad faith or improper motive by Crown counsel; Reyat failed to meet that threshold, so disclosure was refused.

Source-derived case information.

Citation
2002 BCSC 1679
Parties
Crown: Her Majesty the Queen; Accused: Ripudaman Singh Malik; Accused: Ajaib Singh Bagri; Applicant/accused: Inderjit Singh Reyat
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 December 2002
Procedural Posture
Criminal Pre Trial Disclosure Application in Context of Abuse of Process/double Jeopardy Application / Pre Trial Disclosure Application Linked to Stay/abuse of Process Motion
Outcome
Application for disclosure of Charge Approval Documents dismissed
Legal Topics
Disclosure, Prosecutorial Discretion, Crown Privilege, Abuse of Process, Double Jeopardy, Charge Approval
Source Language
english
Criminal Law Procedural Law Evidence Extradition Disclosure Prosecutorial Discretion Crown Privilege Abuse of Process +2 more

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Parties

Her Majesty the Queen

Crown

Ripudaman Singh Malik

Accused

Ajaib Singh Bagri

Accused

Inderjit Singh Reyat

Applicant/accused

Procedural Posture

Criminal Pre Trial Disclosure Application in Context of Abuse of Process/double Jeopardy Application / Pre Trial Disclosure Application Linked to Stay/abuse of Process Motion

Legal Issues

  1. 1 What relevance standard applies to requests for internal Crown charge approval memoranda?
  2. 2 Has the accused demonstrated relevance under that standard?
  3. 3 Has the Crown waived privilege in respect of the Charge Approval Documents?

Ratio Decidendi

The court applied the Murrin standard and held that an accused seeking internal Crown charging memoranda must show a real and substantial possibility of bad faith or improper motive by Crown counsel; Reyat failed to meet that threshold, so disclosure was refused.

Court Disposition

Application for disclosure of Charge Approval Documents dismissed

Orders

  • Dismissal of application for production of primary memoranda and six charge approval documents relating to Mr. Reyat; no disclosure ordered