R. v. Pickton

R. v. Pickton

The Court defined a confined and specific scope of 'likely relevance' for the first-stage O'Connor vetting (writings from Jan 1, 1999 to present concerning the Incident, relationship with Pickton, residence/employment at his property, drug use and effects, dealings with police including benefits, and any criminal or...

Source-derived case information.

Citation
2006 BCSC 2112
Parties
Crown: Regina; Accused: Robert William Pickton; Third Party: Lynn Ellingsen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 November 2006
Procedural Posture
Criminal (murder) / Pre Trial Voir Dire (o'connor Application)
Outcome
Application granted in part; parameters for likely relevance established and third-party counsel ordered to vet and deliver identified materials to the Court for second-stage review.
Legal Topics
O'connor Application, Production of Private Records, Witness Credibility, Relevance, Publication Bans, Police Dealings
Source Language
english
Evidence Criminal Law Privacy Disclosure Procedural Law O'connor Application Production of Private Records Witness Credibility +3 more

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Parties

Regina

Crown

Robert William Pickton

Accused

Lynn Ellingsen

Third Party

Procedural Posture

Criminal (murder) / Pre Trial Voir Dire (o'connor Application)

Legal Issues

  1. 1 Whether Ellingsen's personal notes, journals and diaries are likely relevant under the O'Connor framework
  2. 2 Proper scope of 'likely relevance' for first-stage vetting
  3. 3 Balancing accused's right to full answer and defence against third-party privacy rights

Ratio Decidendi

The Court defined a confined and specific scope of 'likely relevance' for the first-stage O'Connor vetting (writings from Jan 1, 1999 to present concerning the Incident, relationship with Pickton, residence/employment at his property, drug use and effects, dealings with police including benefits, and any criminal or quasi-criminal conduct) and ordered third-party counsel to examine the materials and deliver those falling within these parameters to the Court for second-stage review; broader, speculative categories were rejected.

Court Disposition

Application granted in part; parameters for likely relevance established and third-party counsel ordered to vet and deliver identified materials to the Court for second-stage review.

Orders

  • All writings and entries dated January 1, 1999 to present dealing with or touching upon the specified topics (the Incident; Ellingsen's relationship with Pickton; Ellingsen's residence at Pickton's home and employment; Ellingsen's drug use and its effects; Ellingsen's dealings with police including any benefits; any...
  • Ms. G.M. Dickson, Q.C. is directed to examine the materials in her client's possession and deliver to the Court those documents that meet the defined parameters for likely relevance for the second-stage O'Connor review.