R. v. Martin

R. v. Martin

The application was dismissed because the accused had not demonstrated the requisite diligence or established that the voluminous materials sought were relevant to triable issues, much of the requested material was already disclosed or plainly irrelevant, production would be disproportionate and unduly burdensome, and solicitor-client privilege protected legal-services records absent an innocence-at-stake showing; accordingly further disclosure was not compelled and further applications were barred.

Citation
2013 NSPC 21
Parties
Crown/prosecution: Her Majesty the Queen; Accused: Darren Martin; Amicus Curiae: Stephen Robertson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 March 2013
Procedural Posture
Criminal Tax Offences / Pre Trial Disclosure Application (interlocutory)
Outcome
Application for further disclosure denied
Legal Topics
Disclosure, Search and Seizure, Charter S.7, Solicitor Client Privilege, Audit Vs Investigation
Source Language
English
Criminal Law Tax Law Constitutional Law Procedural Law Disclosure Search and Seizure Charter S.7 Solicitor Client Privilege +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

Darren Martin

Accused

Stephen Robertson

Amicus Curiae

Procedural Posture

Criminal Tax Offences / Pre Trial Disclosure Application (interlocutory)

Legal Issues

  1. 1 Whether the Crown must produce extensive additional disclosure (operational manuals, internal memoranda, communications)
  2. 2 Whether the accused exercised due diligence in pursuing disclosure
  3. 3 Whether solicitor-client privilege or innocence-at-stake doctrine prevents production of legal-service records

Ratio Decidendi

The application was dismissed because the accused had not demonstrated the requisite diligence or established that the voluminous materials sought were relevant to triable issues, much of the requested material was already disclosed or plainly irrelevant, production would be disproportionate and unduly burdensome, and solicitor-client privilege protected legal-services records absent an innocence-at-stake showing; accordingly further disclosure was not compelled and further applications were barred.

Court Disposition

Application for further disclosure denied

Orders

  • Application for further disclosure is dismissed.
  • The issue of disclosure is finally determined and no further disclosure applications will be permitted.