R. v. Black

R. v. Black

The SAFIG File was not produced because the court found it unrelated to the Charter issues raised: the SAFIG investigation was a separate inquiry into other persons conducted and closed before the later investigation of the accused began, had different objectives, and there was insufficient evidentiary connection to render it relevant to the Charter motions; therefore disclosure was denied.

Citation
2003 NSSC 86
Parties
Crown (respondent Upon Charter Motions): Her Majesty the Queen; Defendant (applicant Upon Charter Motions): Frederick William Logan Black
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 January 2002
Procedural Posture
Criminal / Charter Motions — Application for Additional Disclosure
Outcome
Application for production of SAFIG File dismissed
Legal Topics
Fraud (s.380(1)(a) Criminal Code), Disclosure of Investigative Files, Stay of Proceedings, Relevance of Evidence
Source Language
English
Criminal Law Charter of Rights and Freedoms Disclosure Investigations Fraud (s.380(1)(a) Criminal Code) Disclosure of Investigative Files Stay of Proceedings Relevance of Evidence

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Parties

Her Majesty the Queen

Crown (respondent Upon Charter Motions)

Frederick William Logan Black

Defendant (applicant Upon Charter Motions)

Procedural Posture

Criminal / Charter Motions — Application for Additional Disclosure

Legal Issues

  1. 1 Whether the RCMP SAFIG investigative file must be produced for Charter motions concerning alleged breaches during a later investigation
  2. 2 Whether an earlier, separate investigation into different persons is relevant to the accused's Charter rights in a subsequent investigation
  3. 3 Whether timing and distinct objectives of investigations negate relevance for disclosure

Ratio Decidendi

The SAFIG File was not produced because the court found it unrelated to the Charter issues raised: the SAFIG investigation was a separate inquiry into other persons conducted and closed before the later investigation of the accused began, had different objectives, and there was insufficient evidentiary connection to render it relevant to the Charter motions; therefore disclosure was denied.

Court Disposition

Application for production of SAFIG File dismissed

Orders

  • Application for production of the SAFIG File is dismissed