R. v. R.D. Longard Services Ltd.

R. v. R.D. Longard Services Ltd.

Application for particulars denied because the Crown's disclosure provides sufficient information for the accused to make a full answer and defence; the offences are general duty offences requiring fact-specific proof, and ordering particulars would unreasonably fetter the Crown without advancing fair trial rights.

Citation
2014 NSPC 100
Parties
Crown: Her Majesty the Queen; Defendant: R.D. Longard Services Limited
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 December 2014
Procedural Posture
Prosecution Under the Occupational Health and Safety Act / Application for Particulars (pre Trial)
Outcome
Application for particulars denied.
Legal Topics
Particulars, Disclosure, Fair Trial, General Duty Offence, Due Diligence Defence, Statutory Compliance (csa C22.1)
Source Language
English
Occupational Health and Safety Criminal Procedure Regulatory Offences Particulars Disclosure Fair Trial General Duty Offence Due Diligence Defence +1 more

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Parties

Her Majesty the Queen

Crown

R.D. Longard Services Limited

Defendant

Procedural Posture

Prosecution Under the Occupational Health and Safety Act / Application for Particulars (pre Trial)

Legal Issues

  1. 1 Whether particulars should be ordered under s.587(1)(f) of the Criminal Code
  2. 2 Whether Crown disclosure satisfies the accused's right to make full answer and defence
  3. 3 Whether ordering particulars would unreasonably fetter the Crown's prosecution

Ratio Decidendi

Application for particulars denied because the Crown's disclosure provides sufficient information for the accused to make a full answer and defence; the offences are general duty offences requiring fact-specific proof, and ordering particulars would unreasonably fetter the Crown without advancing fair trial rights.

Court Disposition

Application for particulars denied.

Orders

  • Application for particulars pursuant to s.587(1)(f) of the Criminal Code is denied; no particulars are ordered.