R. v. Haevischer

R. v. Haevischer

The applicant failed to show the proposed allegations were novel, exceptional, or supported by evidence; they are speculative or based on material known to the defence long before the hearing. Minor omissions in police notes or housing decisions by corrections do not establish abuse of process. Therefore leave to...

Source-derived case information.

Citation
2025 BCSC 1621
Parties
Prosecution: Rex; Accused/applicant: Cody Rae Haevischer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 August 2025
Procedural Posture
Criminal Application for Stay of Proceedings (abuse of Process) / Ongoing Evidentiary Hearing; Application to File Supplemental Notice Dismissed
Outcome
Application dismissed; leave to file the proposed Supplemental Notice of Application denied
Legal Topics
Abuse of Process, Stay of Proceedings, Disclosure, Witness Endangerment, Pre Trial Detention, Amendment of Pleadings
Source Language
english
Criminal Law Evidence Procedural Law Judicial Case Management Corrections Law Abuse of Process Stay of Proceedings Disclosure +3 more

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Parties

Rex

Prosecution

Cody Rae Haevischer

Accused/applicant

Procedural Posture

Criminal Application for Stay of Proceedings (abuse of Process) / Ongoing Evidentiary Hearing; Application to File Supplemental Notice Dismissed

Legal Issues

  1. 1 Whether accused may file a Supplemental Notice of Application to advance new abuse of process allegations at a late stage of an evidentiary hearing
  2. 2 Whether alleged conduct by BC Corrections and police (housing decisions, notetaking) amounts to abuse of process
  3. 3 Whether alleged placement of source Jody Elliott near suspects amounted to witness endangerment and supports relief

Ratio Decidendi

The applicant failed to show the proposed allegations were novel, exceptional, or supported by evidence; they are speculative or based on material known to the defence long before the hearing. Minor omissions in police notes or housing decisions by corrections do not establish abuse of process. Therefore leave to file the Supplemental Notice and to recall witnesses is denied and the application dismissed.

Court Disposition

Application dismissed; leave to file the proposed Supplemental Notice of Application denied

Orders

  • The application for leave to file a Supplemental Notice of Application is dismissed.
  • Requests to recall or call the listed witnesses for the proposed new allegations are denied.