HMTQ v. Wilder et al

HMTQ v. Wilder et al

Applications that effectively sought reopening of the two-year trial were denied because the accused failed to satisfy the Palmer criteria for fresh evidence and finality and process integrity required dismissal; the court will only hear the Mack (abuse of process/entrapment) application if the accused first satisfies the threshold by presenting an offer of proof showing an air of reality to a Charter breach; absent that showing the Mack application will be dismissed without hearing evidence.

Citation
2004 BCSC 304
Parties
Crown: Her Majesty the Queen; Accused: Roger E. Lawrence; Accused: Michael L. Vaz; Accused: Michael B. Richards; Accused: Victor J. Attrill; Accused: Ronald L. Johnson; Accused: Dara M. Wilder; Accused: Gerald M. Byerlay; Accused: Seona J. Wilder; Accused (corporate): Mid-Pacific Services Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 March 2004
Procedural Posture
Criminal / Post Conviction Pre Sentencing (mack Application/motions to Reopen)
Outcome
Applications to reopen the trial dismissed; only the Mack (abuse of process/entrapment) application may proceed subject to threshold showing of an air of reality and an offer of proof; other motions denied.
Legal Topics
Mack Application, Abuse of Process/entrapment, Charter Remedies S.24, Reopening Evidence, Trial Management, Threshold for Offers of Proof, Delay and Prejudice
Source Language
English
Criminal Law Constitutional Law Administrative Law Evidence Law Mack Application Abuse of Process/entrapment Charter Remedies S.24 Reopening Evidence +3 more

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Parties

Her Majesty the Queen

Crown

Roger E. Lawrence

Accused

Michael L. Vaz

Accused

Michael B. Richards

Accused

Victor J. Attrill

Accused

Ronald L. Johnson

Accused

Dara M. Wilder

Accused

Gerald M. Byerlay

Accused

Seona J. Wilder

Accused

Mid-Pacific Services Inc.

Accused (corporate)

Procedural Posture

Criminal / Post Conviction Pre Sentencing (mack Application/motions to Reopen)

Legal Issues

  1. 1 Whether the accused may reopen his trial and re-argue previously decided motions after conviction
  2. 2 Whether the accused has met the threshold to pursue a Mack application (abuse of process/entrapment)
  3. 3 Whether alleged Crown or government misconduct (including Revenue Canada conduct) discloses a Charter violation warranting a stay

Ratio Decidendi

Applications that effectively sought reopening of the two-year trial were denied because the accused failed to satisfy the Palmer criteria for fresh evidence and finality and process integrity required dismissal; the court will only hear the Mack (abuse of process/entrapment) application if the accused first satisfies the threshold by presenting an offer of proof showing an air of reality to a Charter breach; absent that showing the Mack application will be dismissed without hearing evidence.

Court Disposition

Applications to reopen the trial dismissed; only the Mack (abuse of process/entrapment) application may proceed subject to threshold showing of an air of reality and an offer of proof; other motions denied.

Orders

  • Applications that amount to reopening of the case are dismissed
  • Only the Mack application relating to alleged illegal acts by Revenue Canada will be heard further