R. v. Patrick; Bruce v. R.

R. v. Patrick; Bruce v. R.

The applications were dismissed because the applicants failed to raise their constitutional and prerogative claims within the Provincial Court proceedings, there were no special circumstances justifying superior court intervention, and the Provincial Court is competent to decide the issues; prerogative and Charter remedies are discretionary and should generally be sought within the established criminal process.

Citation
2009 BCSC 560
Parties
Crown/respondent: Regina; Accused/applicant: Michael Craig Patrick; Accused/petitioner: Robert Samuel Bruce; Crown/respondent: Her Majesty the Queen in Right of the Province of British Columbia; Crown/respondent: Her Majesty the Queen in Right of Canada; Crown/respondent: Office of the Chief Judge of the Provincial Court of British Columbia
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 April 2009
Procedural Posture
Judicial Review / Charter and Prerogative Relief in Criminal Proceedings / Preliminary Objections Heard; Applications Dismissed on Preliminary Objections (interlocutory)
Outcome
Proceedings dismissed
Legal Topics
Practice Direction, Charter Ss.7, 10(b), 11(d), Prerogative Writs (mandamus, Prohibition), Caseflow Management, Judicial Independence
Source Language
English
Criminal Law Constitutional Law Administrative Law Judicial Review Practice Direction Charter Ss.7, 10(b), 11(d) Prerogative Writs (mandamus, Prohibition) Caseflow Management +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown/respondent

Michael Craig Patrick

Accused/applicant

Robert Samuel Bruce

Accused/petitioner

Her Majesty the Queen in Right of the Province of British Columbia

Crown/respondent

Her Majesty the Queen in Right of Canada

Crown/respondent

Office of the Chief Judge of the Provincial Court of British Columbia

Crown/respondent

Procedural Posture

Judicial Review / Charter and Prerogative Relief in Criminal Proceedings / Preliminary Objections Heard; Applications Dismissed on Preliminary Objections (interlocutory)

Legal Issues

  1. 1 Whether the Chief Judge's Practice Direction (CCFM) is invalid or ultra vires
  2. 2 Whether the Practice Direction infringes ss.7, 10(b) and 11(d) of the Charter
  3. 3 Whether superior court should grant prerogative or Charter relief during ongoing Provincial Court criminal proceedings

Ratio Decidendi

The applications were dismissed because the applicants failed to raise their constitutional and prerogative claims within the Provincial Court proceedings, there were no special circumstances justifying superior court intervention, and the Provincial Court is competent to decide the issues; prerogative and Charter remedies are discretionary and should generally be sought within the established criminal process.

Court Disposition

Proceedings dismissed

Orders

  • Patrick and Bruce proceedings dismissed on preliminary objections; no relief granted
  • Matters to proceed in Provincial Court; applicants may raise constitutional and other challenges in Provincial Court and, if necessary, on appeal