R. v. McCormick

R. v. McCormick

A purposive and contextual reading of ss.800(2) and 802.1 of the Criminal Code, supported by case law, establishes that lay agents may not represent accused persons in indictable proceedings; additionally the court may refuse a particular agent where the agent is a material witness or likely to be disruptive,...

Source-derived case information.

Citation
2019 NSSC 269
Parties
Crown: Her Majesty The Queen; Defendant: Daren Wayne McCormick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 May 2019
Procedural Posture
Criminal Indictable Offences / Application for Lay Representation Prior to Jury Trial (oral Decision)
Outcome
Application for lay representation dismissed; lay agent representation in these indictable matters denied
Legal Topics
Lay Representation, Agent Representation, Criminal Code S.800(2), Criminal Code S.802.1, Indictable Offences, Court's Supervisory Power Over Agents
Source Language
english
Criminal Law Procedural Law Legal Representation Lay Representation Agent Representation Criminal Code S.800(2) Criminal Code S.802.1 Indictable Offences +1 more

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Parties

Her Majesty The Queen

Crown

Daren Wayne McCormick

Defendant

Procedural Posture

Criminal Indictable Offences / Application for Lay Representation Prior to Jury Trial (oral Decision)

Legal Issues

  1. 1 Whether s.802.1 of the Criminal Code prohibits lay person representation (agent) in indictable matters
  2. 2 Whether the court may refuse a particular lay agent on the basis the agent is unsuitable or a material witness

Ratio Decidendi

A purposive and contextual reading of ss.800(2) and 802.1 of the Criminal Code, supported by case law, establishes that lay agents may not represent accused persons in indictable proceedings; additionally the court may refuse a particular agent where the agent is a material witness or likely to be disruptive, therefore the application to permit a lay agent was dismissed.

Court Disposition

Application for lay representation dismissed; lay agent representation in these indictable matters denied

Orders

  • Application for lay representation dismissed
  • Kevin Moore is not permitted to act as a lay representative for Daren Wayne McCormick