R. v. Patterson

R. v. Patterson

All three pretrial applications were dismissed: the court refused non-lawyer representation by Mr. Enns due to disruptive conduct and lack of fitness to advocate; the application for statutory invalidity of the CDSA provisions failed because Parker is not binding in Nova Scotia, courts do not effect legislative repeal, and Turner/Turmel limit Parker's scope; the s.601 Criminal Code motion to quash was dismissed as untimely without leave and because the charges allege offences known to law; the Turmel affidavit was rejected as advocacy rather than admissible expert evidence.

Citation
2015 NSPC 33
Parties
Crown: Her Majesty the Queen; Accused: Travis Lee Darnell Patterson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 May 2015
Procedural Posture
Criminal (indictable Charges Under Controlled Drugs and Substances Act, Excise Act, Revenue Act) / Pretrial — Decision on Representation Application, S.52 Declaration, and S.601 Motion to Quash
Outcome
All three pretrial applications dismissed
Legal Topics
Non Lawyer Representation, Statutory Invalidity Under S.52 Constitution Act 1982, Criminal Code S.601 Motion to Quash, Controlled Drugs and Substances Act Offences, Expert Evidence Qualification
Source Language
English
Criminal Law Constitutional Law Regulatory Law Tax Law Non Lawyer Representation Statutory Invalidity Under S.52 Constitution Act 1982 Criminal Code S.601 Motion to Quash Controlled Drugs and Substances Act Offences +1 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Travis Lee Darnell Patterson

Accused

Procedural Posture

Criminal (indictable Charges Under Controlled Drugs and Substances Act, Excise Act, Revenue Act) / Pretrial — Decision on Representation Application, S.52 Declaration, and S.601 Motion to Quash

Legal Issues

  1. 1 Whether a non-lawyer (Mr. Enns) may represent accused at trial on indictable offences
  2. 2 Whether provisions of the CDSA under which accused is charged are invalid under s.52(1) Constitution Act, 1982
  3. 3 Whether charges disclose offences known to law under s.601 Criminal Code

Ratio Decidendi

All three pretrial applications were dismissed: the court refused non-lawyer representation by Mr. Enns due to disruptive conduct and lack of fitness to advocate; the application for statutory invalidity of the CDSA provisions failed because Parker is not binding in Nova Scotia, courts do not effect legislative repeal, and Turner/Turmel limit Parker's scope; the s.601 Criminal Code motion to quash was dismissed as untimely without leave and because the charges allege offences known to law; the Turmel affidavit was rejected as advocacy rather than admissible expert evidence.

Court Disposition

All three pretrial applications dismissed

Orders

  • Application to permit non-lawyer Mr. Enns to represent the accused dismissed
  • Application for declaration of statutory invalidity of CDSA provisions under s.52(1) Constitution Act, 1982 dismissed