R. v. Martin

R. v. Martin

The court lacks statutory or common-law jurisdiction to review or revisit another judge of the same court's decision not to issue subpoenas duces tecum; therefore the application to review that decision is dismissed and must be pursued, if at all, by the channels identified in Dagenais and Primeau.

Citation
2013 NSPC 39
Parties
Prosecution: Her Majesty the Queen; Accused: Darren Martin; Amicus Curiae: Stephen Robertson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 June 2013
Procedural Posture
Criminal Tax Offences / Pre Trial Application to Review Another Judge's Refusal to Issue Subpoenas Duces Tecum
Outcome
Application dismissed; no review of the other judge's subpoena decision by this Court.
Legal Topics
Subpoena Duces Tecum, Judicial Review, Charter Remedies, Court Jurisdiction, Trial Procedure, Income Tax Offences, Excise Tax Offences
Source Language
English
Criminal Law Administrative Law Constitutional Law Tax Law Procedural Law Subpoena Duces Tecum Judicial Review Charter Remedies +4 more

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Parties

Her Majesty the Queen

Prosecution

Darren Martin

Accused

Stephen Robertson

Amicus Curiae

Procedural Posture

Criminal Tax Offences / Pre Trial Application to Review Another Judge's Refusal to Issue Subpoenas Duces Tecum

Legal Issues

  1. 1 Whether a judge of the same court has statutory or common-law jurisdiction to review or revisit another judge's decision not to issue subpoenas duces tecum
  2. 2 Appropriate remedy or channel for an aggrieved litigant when subpoenas are refused by another judge

Ratio Decidendi

The court lacks statutory or common-law jurisdiction to review or revisit another judge of the same court's decision not to issue subpoenas duces tecum; therefore the application to review that decision is dismissed and must be pursued, if at all, by the channels identified in Dagenais and Primeau.

Court Disposition

Application dismissed; no review of the other judge's subpoena decision by this Court.

Orders

  • Application to review or revisit MacDougall J.P.C.'s refusal to issue subpoenas duces tecum is dismissed.
  • The matter will not be litigated or argued at the scheduled trial on this application; trial dates remain fixed.