R. v. Teixeira

R. v. Teixeira

Although Anderson swore he possessed no confidential information from his prior interactions with X and discharged the onus of showing no relevant confidences were imparted, the court concluded that because X is a pivotal Vetrovec witness whose credibility and antecedents will be central to the trial, there existed a realistic prospect that Anderson conducting or being present for cross-examination could undermine public confidence in the fairness and integrity of the proceeding; accordingly, the court exercised its inherent jurisdiction to impose a limited protective measure—prohibiting Anderson from conducting or being present for the cross-examination while permitting him to prepare it...

Citation
2022 BCSC 720
Parties
Crown: Regina; Accused: Brandon Nathan Teixeira; Crown Witness (former Client of Defence Counsel): X; Member of Defence Team (former Counsel to Witness): Troy Anderson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 May 2022
Procedural Posture
Criminal First Degree Murder and Related Offences / Pre Trial Application for Directions Concerning Potential Conflict of Interest (directions Hearing)
Outcome
Application granted in part: limited protective measures ordered to avoid appearance of conflict; Mr. Anderson prohibited from conducting or being present during cross-examination of X but permitted to prepare the cross-examination and consult with counsel.
Legal Topics
Solicitor Client Privilege, Duty of Loyalty, Conflict of Interest, Disqualification of Counsel, Cross Examination of Witnesses, Vetrovec Witness Doctrine
Source Language
English
Criminal Law Professional Responsibility Evidence Law Civil Procedure (court's Inherent Jurisdiction) Solicitor Client Privilege Duty of Loyalty Conflict of Interest Disqualification of Counsel +2 more

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Parties

Regina

Crown

Brandon Nathan Teixeira

Accused

X

Crown Witness (former Client of Defence Counsel)

Troy Anderson

Member of Defence Team (former Counsel to Witness)

Procedural Posture

Criminal First Degree Murder and Related Offences / Pre Trial Application for Directions Concerning Potential Conflict of Interest (directions Hearing)

Legal Issues

  1. 1 Whether former defence counsel may conduct or be present for cross-examination of a former client who is a pivotal Crown witness
  2. 2 Whether the lawyer obtained confidential information relevant to the current matter
  3. 3 Whether the appearance of conflict or risk to the integrity of the proceeding requires prophylactic measures despite absence of proven misuse of confidences

Ratio Decidendi

Although Anderson swore he possessed no confidential information from his prior interactions with X and discharged the onus of showing no relevant confidences were imparted, the court concluded that because X is a pivotal Vetrovec witness whose credibility and antecedents will be central to the trial, there existed a realistic prospect that Anderson conducting or being present for cross-examination could undermine public confidence in the fairness and integrity of the proceeding; accordingly, the court exercised its inherent jurisdiction to impose a limited protective measure—prohibiting Anderson from conducting or being present for the cross-examination while permitting him to prepare it...

Court Disposition

Application granted in part: limited protective measures ordered to avoid appearance of conflict; Mr. Anderson prohibited from conducting or being present during cross-examination of X but permitted to prepare the cross-examination and consult with counsel.

Orders

  • Mr. Anderson shall not conduct the cross-examination of X.
  • Mr. Anderson shall not be present during the cross-examination of X.