R. v. Haevischer

2013 BCSC 604 R. v. Haevischer

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Haevischer, 2013 BCSC 604 Date: 20130314 Docket: X072945-B Registry: New Westminster Regina v. Cody Rae Haevischer, Matthew James Johnston and Quang Vinh Thang Le Before: The Honourable Madam Justice Wedge Oral Ruling re: Application No. 86 - Adjournment Application Counsel for the Crown: M.K. Levitz, Q.C. M.J.H. Stacey H.M. Guinn Counsel for the Accused Haevischer: S.R.A. Buck D. Dlab A.M. Willms Counsel for the Accused Johnston: M. Tammen B.A. Martland J.P.R. Desbarats Counsel for the Accused Le: C.S. Johnson A.C. Nelson Place and Date of Hearing: New Westminster, B.C. March 8, 2013 Place and Date of Judgment: New Westminster, B.C. March 14, 2013 [1] THE COURT: Counsel for the three accused have joined in an application to adjourn the trial which is currently set to commence May 6 of this year. [2] The Crown opposes the application. [3] Many bases have been advanced by the defence in support of the application. They include: first, the current state of Crown disclosure; second, the significant volume of disclosure that has been made to date; and third, ongoing pre-trial applications that were anticipated to complete by the end of January, but are now stretching into April. [4] I do not accept the contention that the current state of Crown disclosure is such that the trial could not proceed as scheduled. However, I do

accept that the volume of disclosure to date and the burden it has placed on defence counsel, as well as the ongoing nature of pre-trial applications, have made the May 6 commencement date untenable. [5] I am prepared to allow the adjournment application and to fix a new trial date of September 16, 2013. I can advise counsel, to save you any hasty calculations, that that gives you slightly over six months until the trial commences. [6] I encourage counsel to focus in the next few weeks on concluding the outstanding applications. There are not many. Counsel have had ample time to file in advance all necessary pre-trial applications. As I have said on many occasions before, this is a judge alone trial. There will be flexibility for hearing new applications in the course of the trial unless I can be persuaded that it is necessary to hear them in advance. [7] With respect to the outstanding applications, I intend to have those heard within the next seven weeks or so to avoid any further distractions to counsel. The outstanding applications, by my calendar, are the following: April 11 and 12, publication ban in the Brassington et al. matter; April 16, continuation of the Crown publication ban application that proceeded earlier this week; April 22 and 23, an informant privilege application. [8] There are two other matters. The first is the s. 24(2) stage of the Charter application brought by Mr. Johnston that we will be discussing this morning, and a possible hearing concerning the constitutional challenge that Mr. Haevischer wishes to bring and that will be discussed tomorrow. [9] Whatever the outcome, these applications must be complete by early to mid-May. The Honourable Madam Justice C.A. Wedge