R. v. Atlantic Towing Ltd.

R. v. Atlantic Towing Ltd.

The application for particulars is denied because the Crown's disclosure and written factual/evidentiary summary give the accused sufficient information to know the case to meet; ordering particulars is unnecessary to secure a fair trial and would unduly fetter the Crown, which is not required to set out its theory in the indictment.

Citation
2010 NSPC 58
Parties
Crown: Her Majesty the Queen; Defendant: Atlantic Towing Limited
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 September 2010
Procedural Posture
Criminal / Pre Trial Application for Particulars Under S.587(1)(f) Criminal Code
Outcome
Application for particulars denied
Legal Topics
Particulars, Disclosure, Canada Shipping Act S.118, Fair Trial
Source Language
English
Criminal Law Maritime Law Procedural Law Particulars Disclosure Canada Shipping Act S.118 Fair Trial

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Parties

Her Majesty the Queen

Crown

Atlantic Towing Limited

Defendant

Procedural Posture

Criminal / Pre Trial Application for Particulars Under S.587(1)(f) Criminal Code

Legal Issues

  1. 1 Whether particulars are necessary for a fair trial
  2. 2 Whether Crown must identify the specific 'action' alleged under s.118 Canada Shipping Act
  3. 3 Proper scope of particulars versus disclosure

Ratio Decidendi

The application for particulars is denied because the Crown's disclosure and written factual/evidentiary summary give the accused sufficient information to know the case to meet; ordering particulars is unnecessary to secure a fair trial and would unduly fetter the Crown, which is not required to set out its theory in the indictment.

Court Disposition

Application for particulars denied

Orders

  • Application for particulars pursuant to s.587(1)(f) Criminal Code denied