R. v. Black

R. v. Black

The subpoena to George F. Redling was quashed because the accused failed to establish on the balance of probabilities that Redling was likely to provide material or relevant evidence for the Charter pre-trial motions, the OSB involvement had been fully canvassed by other witnesses and documentary evidence, and the...

Source-derived case information.

Citation
2001 NSSC 361
Parties
Crown: Her Majesty the Queen; Accused: Frederick William Logan Black; Third Party Witness/applicant to Quash Subpoena: George F. Redling
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 December 2001
Procedural Posture
Criminal / Pre Trial Motion to Quash Subpoena (application to Quash)
Outcome
Application to quash granted; subpoena quashed
Legal Topics
Subpoena to Testify and Produce Documents, Quash Subpoena, Relevance and Materiality, Proportionality of Witness Attendance, Charter Motion Pre Trial
Source Language
english
Criminal Law Evidence Charter Law Administrative Law Procedural Law Subpoena to Testify and Produce Documents Quash Subpoena Relevance and Materiality +2 more

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Parties

Her Majesty the Queen

Crown

Frederick William Logan Black

Accused

George F. Redling

Third Party Witness/applicant to Quash Subpoena

Procedural Posture

Criminal / Pre Trial Motion to Quash Subpoena (application to Quash)

Legal Issues

  1. 1 Whether the subpoena requiring attendance and production by former Superintendent of Bankruptcy George F. Redling should be quashed
  2. 2 Whether Redling was likely to have material or relevant evidence for the accused's Charter pre-trial motions
  3. 3 Whether the burden and inconvenience of Redling's attendance is disproportionate to any probative benefit

Ratio Decidendi

The subpoena to George F. Redling was quashed because the accused failed to establish on the balance of probabilities that Redling was likely to provide material or relevant evidence for the Charter pre-trial motions, the OSB involvement had been fully canvassed by other witnesses and documentary evidence, and the burden and inconvenience of his attendance would be disproportionate to any marginal probative benefit.

Court Disposition

Application to quash granted; subpoena quashed

Orders

  • Subpoena issued to George F. Redling is quashed.