R. v. Ellis

R. v. Ellis

The application for certiorari was dismissed as premature because the preliminary inquiry judge is the proper forum to determine the relevance and materiality of the subpoenaed officers' testimony; on the limited record the defence met its burden to show the officers are likely to give material evidence concerning the ITO and background to the search warrant, so the subpoenas should not be quashed at this interlocutory stage.

Citation
2012 NSSC 329
Parties
Crown: Her Majesty the Queen; Justice of the Peace: Dale Whitman; Accused/defendant: Jonathan William Ellis
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 September 2012
Procedural Posture
Application for Certiorari (criminal Code and Civil Procedure Rule 64) / Interlocutory (preliminary Inquiry Stage)
Outcome
Application for certiorari dismissed.
Legal Topics
Preliminary Inquiry, Certiorari, Subpoena, Search Warrant / Information to Obtain, Disclosure / Discovery, Charter S.8 Search and Seizure, Relevance and Materiality
Source Language
English
Criminal Law Administrative Law Evidence Law Constitutional Law Preliminary Inquiry Certiorari Subpoena Search Warrant / Information to Obtain +3 more

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Parties

Her Majesty the Queen

Crown

Dale Whitman

Justice of the Peace

Jonathan William Ellis

Accused/defendant

Procedural Posture

Application for Certiorari (criminal Code and Civil Procedure Rule 64) / Interlocutory (preliminary Inquiry Stage)

Legal Issues

  1. 1 Should the subpoenas issued by the Justice of the Peace be quashed by certiorari?
  2. 2 Whether the subpoenaed police officers are likely to give material evidence at the preliminary inquiry
  3. 3 Whether this application for prerogative relief is premature and intrudes on the jurisdiction of the preliminary inquiry judge

Ratio Decidendi

The application for certiorari was dismissed as premature because the preliminary inquiry judge is the proper forum to determine the relevance and materiality of the subpoenaed officers' testimony; on the limited record the defence met its burden to show the officers are likely to give material evidence concerning the ITO and background to the search warrant, so the subpoenas should not be quashed at this interlocutory stage.

Court Disposition

Application for certiorari dismissed.

Orders

  • Application for certiorari dismissed; subpoenas not quashed.