R. v. Martin

R. v. Martin

The court exercised its authority to control its process and closed pleadings against the defendant, permitting no further filings by him without leave because his earlier motion raised issues not appropriate for decision at this stage or were irrelevant, repeated filings and direct delivery to the judge risked compromising the administration of justice, and a limited leave procedure was required to balance fairness and court efficiency.

Citation
2012 NSPC 76
Parties
Prosecution: Her Majesty the Queen; Accused: Darren Martin; Amicus Curiae: Stephen Robertson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 August 2012
Procedural Posture
Criminal (tax Offences) / Pre Trial — Decision on Motion to Dismiss, Submission of Further Material, and Leave to File Further Applications
Outcome
Pleadings closed; no further affidavits, motions, applications or documents by the defendant without leave; specified leave procedure ordered.
Legal Topics
Motion to Dismiss, Service of Process, Leave to File, Disclosure, Court Case Management
Source Language
English
Tax Law Criminal Procedure Judicial Administration Motion to Dismiss Service of Process Leave to File Disclosure Court Case Management

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Darren Martin

Accused

Stephen Robertson

Amicus Curiae

Procedural Posture

Criminal (tax Offences) / Pre Trial — Decision on Motion to Dismiss, Submission of Further Material, and Leave to File Further Applications

Legal Issues

  1. 1 Whether the defendant’s written motion to dismiss raised justiciable issues for this Court or issues that must await trial
  2. 2 Whether the defendant may reargue decided issues before the same court
  3. 3 Whether civil constables may deliver court pleadings directly to a judge and the effect on administration of justice

Ratio Decidendi

The court exercised its authority to control its process and closed pleadings against the defendant, permitting no further filings by him without leave because his earlier motion raised issues not appropriate for decision at this stage or were irrelevant, repeated filings and direct delivery to the judge risked compromising the administration of justice, and a limited leave procedure was required to balance fairness and court efficiency.

Court Disposition

Pleadings closed; no further affidavits, motions, applications or documents by the defendant without leave; specified leave procedure ordered.

Orders

  • Pleadings in this case are closed; no further affidavits, motions, applications or documents shall be filed by Darren Martin except with leave of the Court.
  • Darren Martin may seek leave by filing a letter not exceeding five pages at the Court administration office in Pictou stating the nature of the proposed application and the material he would submit.