R. v. Pickton

R. v. Pickton

The court granted the application in part and ordered four specific excisions because the identified passages consisted of police commentary or remarks made outside the accused's presence or after his departure, posing risk of prejudice and potential identification of witnesses; the remainder of the interview was to remain intact.

Citation
2007 BCSC 2022
Parties
Crown (respondent): Regina; Accused (applicant): Robert William Pickton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 January 2007
Procedural Posture
Criminal / Pre Trial Application to Excise Portions of Interview Transcript (application #57)
Outcome
Application granted in part; four specified excisions ordered, remainder of interview retained
Legal Topics
Editing/redaction of Police Interview Transcripts, Publication Restrictions and Witness Identification, Admissibility and Prejudice
Source Language
English
Criminal Law Evidence Publication Ban Law Editing/redaction of Police Interview Transcripts Publication Restrictions and Witness Identification Admissibility and Prejudice

Case Brief

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Parties

Regina

Crown (respondent)

Robert William Pickton

Accused (applicant)

Procedural Posture

Criminal / Pre Trial Application to Excise Portions of Interview Transcript (application #57)

Legal Issues

  1. 1 Whether specified portions of the February 23, 2002 police interview should be excised
  2. 2 Whether publication or disclosure of material could identify witnesses or undercover officers and/or cause prejudice

Ratio Decidendi

The court granted the application in part and ordered four specific excisions because the identified passages consisted of police commentary or remarks made outside the accused's presence or after his departure, posing risk of prejudice and potential identification of witnesses; the remainder of the interview was to remain intact.

Court Disposition

Application granted in part; four specified excisions ordered, remainder of interview retained

Orders

  • Excise passage at Tab 1, page 1: portion of the interview by Sgt. Fordy that occurred prior to Mr. Pickton's arrival in the room
  • Excise passage at Tab 1, page 274: all words spoken by Sgt. Fordy following Mr. Pickton's departure from the room