R. v. Martin

R. v. Martin

The court dismissed the disclosure application for lack of jurisdiction because the question of whether there will be a retrial remains under appeal; the Court of Appeal is the competent forum to hear and rule on disclosure-related issues and any new evidence would require a fresh-evidence application to be considered by the appellate court, so the trial court will not order production and will hear no further applications until the appeal is resolved.

Citation
2015 NSPC 57
Parties
Prosecution: Her Majesty the Queen; Defendant: Darren Michael Martin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 August 2015
Procedural Posture
Criminal Summary Conviction (income Tax Act and Excise Tax Act Offences) / Application for Disclosure at Trial Court; Appeal Regarding Retrial Pending Before Appellate Courts
Outcome
Application dismissed for lack of jurisdiction; no further applications by the accused will be heard in this court until the appeal is determined.
Legal Topics
Disclosure, Search and Seizure, Charter Remedy Exclusion of Evidence, Retrial Jurisdiction, Fresh Evidence
Source Language
English
Criminal Law Constitutional Law (charter) Tax Law Disclosure Search and Seizure Charter Remedy Exclusion of Evidence Retrial Jurisdiction Fresh Evidence

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Parties

Her Majesty the Queen

Prosecution

Darren Michael Martin

Defendant

Procedural Posture

Criminal Summary Conviction (income Tax Act and Excise Tax Act Offences) / Application for Disclosure at Trial Court; Appeal Regarding Retrial Pending Before Appellate Courts

Legal Issues

  1. 1 Whether the trial court has jurisdiction to hear a disclosure application while an appeal concerning retrial is pending
  2. 2 Whether the prosecution must produce additional disclosure to the accused at this stage
  3. 3 Whether any newly disclosed evidence could properly be considered absent a fresh-evidence application to the appellate court

Ratio Decidendi

The court dismissed the disclosure application for lack of jurisdiction because the question of whether there will be a retrial remains under appeal; the Court of Appeal is the competent forum to hear and rule on disclosure-related issues and any new evidence would require a fresh-evidence application to be considered by the appellate court, so the trial court will not order production and will hear no further applications until the appeal is resolved.

Court Disposition

Application dismissed for lack of jurisdiction; no further applications by the accused will be heard in this court until the appeal is determined.

Orders

  • Dismissal of Darren Michael Martin's application for disclosure
  • No further applications by Darren Michael Martin to be heard by this court until the pending appeal regarding retrial is finally determined