R. v. Colpitts

Parties

Procedural Posture

Criminal Fraud/market Manipulation / Mid Trial Ruling (trial Management After Crown Closed Case; Defence Calling Evidence)

Legal Issues

1. 1 Whether the trial judge can and should impose trial management orders and time limits to address repeated loss of court time by a self-represented accused
2. 2 Whether imposing time constraints or requiring leave to call additional defence witnesses would violate the accused's right to make full answer and defence
3. 3 Application of the Jordan framework and responsibilities of trial participants to ensure timely trials

Ratio Decidendi

The Court exercised its case management authority and, balancing the accused's right to make full answer and defence with the necessity of trial efficiency under Jordan, ordered that the accused must complete calling his witnesses by end of day February 2, 2017 (allocating 12 days), require an application for leave to call additional witnesses thereafter with limited direct (typically two hours) to demonstrate added value, reserve the right to impose firm time limits on examinations, and direct procedural steps including filing a witness schedule by January 23, 2017.

Court Disposition

Mid-trial management order issued imposing a deadline and conditions on the accused's calling of witnesses to restore trial efficiency while preserving the right to full answer and defence.

Orders

• Accused must complete calling all witnesses by end of day February 2, 2017.
• Court allocated 12 trial days for the accused's witnesses (including Fridays Jan 20 and Jan 27) between Jan 18 and Feb 2, 2017, exclusive of the accused's personal testimony.