R. v. Cater

R. v. Cater

Crown's summary dismissal motion is granted and the abuse of process and arbitrary detention applications are dismissed because the applicant failed to adduce any evidence establishing police misconduct or a Charter breach, lacks standing to challenge the search of a third-party residence, prior rulings sustain the lawfulness of intercept authorization, and the bail revocation process afforded due process and was not arbitrary.

Citation
2011 NSPC 90
Parties
Crown: Her Majesty The Queen; Accused / Applicant: Kyle Cater; Accused: Paul Cater; Accused: Torina Lewis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 November 2011
Procedural Posture
Criminal — Pre Trial Charter Applications (abuse of Process; Arbitrary Detention) Arising From Weapons Possession and Trafficking Charges / Pre Trial Motion Hearing — Decision on Crown Motion for Summary Dismissal of Charter Applications
Outcome
Crown motion granted; abuse of process and arbitrary detention applications dismissed summarily
Legal Topics
Abuse of Process, Arbitrary Detention (section 9), Standing to Challenge Searches (section 8), Wiretap/intercept Authorizations, Bail Revocation, S.24(2) Exclusion
Source Language
English
Criminal Law Constitutional Law Charter of Rights and Freedoms Search and Seizure Bail Law Pre Trial Procedure Abuse of Process Arbitrary Detention (section 9) +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Her Majesty The Queen

Crown

Kyle Cater

Accused / Applicant

Paul Cater

Accused

Torina Lewis

Accused

Procedural Posture

Criminal — Pre Trial Charter Applications (abuse of Process; Arbitrary Detention) Arising From Weapons Possession and Trafficking Charges / Pre Trial Motion Hearing — Decision on Crown Motion for Summary Dismissal of Charter Applications

Legal Issues

  1. 1 Whether the applicant established an abuse of process warranting a stay
  2. 2 Whether the applicant was arbitrarily detained contrary to section 9 of the Charter by bail revocation tied to May 4 charges
  3. 3 Whether applicant has standing to challenge the search of a third-party residence (80 Cavendish Road)

Ratio Decidendi

Crown's summary dismissal motion is granted and the abuse of process and arbitrary detention applications are dismissed because the applicant failed to adduce any evidence establishing police misconduct or a Charter breach, lacks standing to challenge the search of a third-party residence, prior rulings sustain the lawfulness of intercept authorization, and the bail revocation process afforded due process and was not arbitrary.

Court Disposition

Crown motion granted; abuse of process and arbitrary detention applications dismissed summarily

Orders

  • Crown motion for summary dismissal granted
  • Application for stay of proceedings on basis of abuse of process dismissed