R. v. Colpitts

R. v. Colpitts

The court refused the accused's request for the expansive multi‑week schedule and instead imposed a specific compressed timetable: two days each for identified witnesses, designated days for applications for leave, and a three calendar day period for the accused to prepare for his testimony after leave hearings; the court also imposed operational rules to prevent downtime and reserved the right to limit testimony time.

Citation
2017 NSSC 24
Parties
Accused/applicant: Robert Blois Colpitts; Crown/respondent: Her Majesty the Queen; Third Party: Daniel Frederick Potter
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 January 2017
Procedural Posture
Criminal / Mid Trial (trial Management Ruling)
Outcome
Application for expanded schedule refused in part and a specific compressed schedule ordered
Legal Topics
Trial Scheduling, Leave to Call Witnesses, Right to Full Answer and Defence, Time Limits on Testimony
Source Language
English
Criminal Procedure Trial Management Evidence Judicial Case Management Trial Scheduling Leave to Call Witnesses Right to Full Answer and Defence Time Limits on Testimony

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Blois Colpitts

Accused/applicant

Her Majesty the Queen

Crown/respondent

Daniel Frederick Potter

Third Party

Procedural Posture

Criminal / Mid Trial (trial Management Ruling)

Legal Issues

  1. 1 Whether the accused should be granted the requested multi‑week schedule and additional preparation time mid‑trial
  2. 2 Whether proposed witnesses require leave to be fully examined beyond the court's schedule
  3. 3 Whether imposed time limits infringe the accused's right to full answer and defence

Ratio Decidendi

The court refused the accused's request for the expansive multi‑week schedule and instead imposed a specific compressed timetable: two days each for identified witnesses, designated days for applications for leave, and a three calendar day period for the accused to prepare for his testimony after leave hearings; the court also imposed operational rules to prevent downtime and reserved the right to limit testimony time.

Court Disposition

Application for expanded schedule refused in part and a specific compressed schedule ordered

Orders

  • Tuesday, January 31 – Mr. Mack to testify
  • Wednesday, February 1 – Mr. Mack to testify