R. v. Patterson

R. v. Patterson

Given substantial delay, multiple counsel changes, and the need to ensure a fair and efficient trial, the court exercised its authority under the Provincial Court Rules to impose specific pre-trial disclosure and briefing deadlines, require designation of counsel and notice of Charter/evidence-exclusion applications, and to arrange video-link or teleconference pre-trial hearings to prevent further delay.

Citation
2015 NSPC 91
Parties
Prosecution: Her Majesty the Queen; Defendant: Travis Lee Darnell Patterson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 December 2015
Procedural Posture
Criminal Indictable / Trial Management (pre Trial)
Outcome
Court issued trial-management orders, adjournment previously granted, trial scheduled for 8 April 2016.
Legal Topics
Possession, Production, Trafficking, Contraband Tobacco, Trial Management, Charter Remedies
Source Language
English
Criminal Law Regulatory Offences Possession Production Trafficking Contraband Tobacco Trial Management Charter Remedies

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Parties

Her Majesty the Queen

Prosecution

Travis Lee Darnell Patterson

Defendant

Procedural Posture

Criminal Indictable / Trial Management (pre Trial)

Legal Issues

  1. 1 Excessive delay and case-processing time
  2. 2 Need for effective trial management and deadlines
  3. 3 Requirement for designation of counsel and pre-trial notice of Charter/evidence-exclusion applications

Ratio Decidendi

Given substantial delay, multiple counsel changes, and the need to ensure a fair and efficient trial, the court exercised its authority under the Provincial Court Rules to impose specific pre-trial disclosure and briefing deadlines, require designation of counsel and notice of Charter/evidence-exclusion applications, and to arrange video-link or teleconference pre-trial hearings to prevent further delay.

Court Disposition

Court issued trial-management orders, adjournment previously granted, trial scheduled for 8 April 2016.

Orders

  • Defence counsel to file and deliver to prosecution by 12 February 2016 a designation of counsel signed by the accused plus notice of any Charter relief or evidence-exclusion remedy and a brief including any affidavits counsel considers appropriate
  • Prosecutor to file and deliver to defence counsel by 11 March 2016 the prosecution's reply brief