R. v. Martin

R. v. Martin

Leave to file further pre-trial materials was denied because the contested issues of identity and territorial jurisdiction are elements to be proved by the Crown at trial and do not require a pre-trial application, evidence regarding title to land is irrelevant and inadmissible to the charges, and the Provincial Court lacks jurisdiction to adjudicate statutory invalidity; accordingly the proposed materials would not be permitted and leave is refused.

Citation
2012 NSPC 92
Parties
Crown/prosecution: Her Majesty the Queen; Accused: Darren Martin; Amicus Curiae: Stephen Robertson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 October 2012
Procedural Posture
Criminal Charges Under Income Tax Act and Excise Tax Act / Pre Trial Application for Leave to File Further Materials; Trial Imminent (dates Set 23 26 October 2012)
Outcome
Application for leave to file further materials denied.
Legal Topics
Pre Trial Applications, Disclosure, Jurisdiction, Identity, Admissibility of Evidence, Statutory Validity, Self Representation
Source Language
English
Criminal Law Tax Law Procedural Law Constitutional Law Evidence Pre Trial Applications Disclosure Jurisdiction +4 more

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Parties

Her Majesty the Queen

Crown/prosecution

Darren Martin

Accused

Stephen Robertson

Amicus Curiae

Procedural Posture

Criminal Charges Under Income Tax Act and Excise Tax Act / Pre Trial Application for Leave to File Further Materials; Trial Imminent (dates Set 23 26 October 2012)

Legal Issues

  1. 1 Whether leave should be granted to bring pre-trial applications on Crown's burden to prove identity and territorial jurisdiction
  2. 2 Whether the Crown must produce title/deed/bill of sale/expropriation documentation regarding land ownership as disclosure
  3. 3 Whether evidence about title to lands is admissible or forms a valid defence

Ratio Decidendi

Leave to file further pre-trial materials was denied because the contested issues of identity and territorial jurisdiction are elements to be proved by the Crown at trial and do not require a pre-trial application, evidence regarding title to land is irrelevant and inadmissible to the charges, and the Provincial Court lacks jurisdiction to adjudicate statutory invalidity; accordingly the proposed materials would not be permitted and leave is refused.

Court Disposition

Application for leave to file further materials denied.

Orders

  • Leave to file pre-trial materials on identification and territorial jurisdiction denied.
  • Leave to file documentation and an affidavit regarding title to lands, and demand for disclosure of title/deed/bill of sale/expropriation, denied as irrelevant and inadmissible.