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The court summarily dismissed Roy Charles Bryfogle’s certiorari and mandamus application challenging stays entered on 13 private informations, finding no Nixon threshold and clear frivolousness under Haevischer.
The trial judge applied the correct legal tests, reasonably concluded that purging the withdrawn Murdock brief in accordance with a legitimate retention policy circa 2013 did not amount to unacceptable negligence, and, in any event, found a s.7 impairment from loss of the original Murdock statement and conducted a proper s.24(1) analysis; the Crown’s concession of negligence in parts of the English file did not produce material prejudice to trial fairness or undermine integrity given surviving evidence and tailored remedies, so a stay was not warranted; appellate deference to the trial judge’…
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The Federal Court dismissed Juanita Wood’s judicial review of a Crown stay of proceedings, finding the matter was a collateral attack and should be pursued in Yukon courts.
The court declined to compel the Crown to call a witness, but ordered that Constable Craig Andrews be called as the court’s witness and cross-examined by both sides.
The court dismissed Mr. Toor’s application to withdraw his judge-alone election and re-elect a jury trial, holding the Crown’s consent decision was prosecutorial discretion.
The court partly granted the Crown’s inadvertent-disclosure application, ordering destruction of the unredacted Roadmap and redaction of one paragraph.
The application judge and this Court found no jurisdictional error: the pre-enquete judge (a designated justice of the peace) properly required prima facie evidence of each essential element, the appellant's evidence was largely hearsay and insufficient, errors alleged were non-jurisdictional and not remedied by mandamus or certiorari, and the Crown's stay under s.579(1) was a lawful exercise of prosecutorial discretion absent flagrant impropriety; therefore extraordinary relief was not available and the appeal is dismissed.
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The Court of Appeal upheld most of the sentence in R. v. Reimer, dismissed fresh evidence, reduced the global sentence by one month for totality, and modified probation conditions.
The court dismissed stay applications arising from polygamy convictions, finding no officially induced error and no abuse of process on the record before it.
Although the Crown advanced apparently inconsistent theories, on the facts before the court there was no evidence the officer lacked reasonable grounds when swearing informations and the Crown's conduct did not amount to abuse of process; therefore the information was not declared a nullity and the trial will continue.
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