R. v. Wilder

R. v. Wilder

The court held the indictment was valid because the Deputy Attorney General's written consent satisfied s.577; s.577 does not violate s.7 absent disclosure failures; s.244(4) applies only to summary proceedings and does not bar indictable fraud prosecutions; provincial prosecutorial authority was properly exercised and may be delegated to Crown counsel (including agents), therefore all applications by the accused were dismissed.

Citation
2001 BCSC 1638
Parties
Crown: Her Majesty the Queen; Accused: Dara M. Wilder
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 November 2001
Procedural Posture
Criminal / Retrial Written Ruling on Pre Trial Applications
Outcome
All applications dismissed.
Legal Topics
Direct Indictment, Prosecutorial Discretion, S.577 Criminal Code, S.7 Charter, Limitation Period, Income Tax Act S.244, Delegation of Prosecutorial Authority, Disclosure Obligations
Source Language
English
Criminal Law Charter Law Tax Law Procedural Law Direct Indictment Prosecutorial Discretion S.577 Criminal Code S.7 Charter +4 more

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Parties

Her Majesty the Queen

Crown

Dara M. Wilder

Accused

Procedural Posture

Criminal / Retrial Written Ruling on Pre Trial Applications

Legal Issues

  1. 1 Whether the indictment is a nullity for failing to comply with s.577(c) Criminal Code
  2. 2 Whether s.244(4) Income Tax Act bars the prosecution for fraud under the Criminal Code
  3. 3 Whether s.577(c) is inconsistent with s.7 of the Charter

Ratio Decidendi

The court held the indictment was valid because the Deputy Attorney General's written consent satisfied s.577; s.577 does not violate s.7 absent disclosure failures; s.244(4) applies only to summary proceedings and does not bar indictable fraud prosecutions; provincial prosecutorial authority was properly exercised and may be delegated to Crown counsel (including agents), therefore all applications by the accused were dismissed.

Court Disposition

All applications dismissed.

Orders

  • All applications by the accused dismissed.
  • Indictment upheld as valid under s.577 Criminal Code.