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The Federal Court dismissed an application under s. 38 of the Canada Evidence Act to keep a docket number redacted, finding the risk to national security too speculative.
The Federal Court declared David Williams a vexatious litigant under s. 40 of the Federal Courts Act and ordered him to seek leave before further proceedings.
Because the Crown possessed complainant records likely relevant to the defence and failed to provide notice or disclosure under the Mills regime (including s.278.2(3)), trial fairness was compromised; accordingly the conviction was quashed, a new trial ordered, sentence and ancillary orders vacated, and the appellant to be released pending the new trial on prior terms.
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The court held that a s. 525 Criminal Code review is an automatic fresh hearing after 90 days, and unreasonable delay is only one factor in deciding detention, not a threshold test.
Grant extension because in the interests of justice the Crown, although not having formed a formal intention within the limitation period, intended to seek redress, the 12-day delay caused no undue prejudice, and there is an arguable appeal based on a reported conversation that could give rise to a reasonable apprehension of bias affecting the complainant's credibility.
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The court stayed publication of an earlier publication-ban order until September 15, 2013 so a protected witness could be transferred before the ruling became public.
The court dismissed a pre-trial disclosure application about a disputed telephone number, finding the materials both privileged and irrelevant, and ordered related records sealed.
La demande visant à lever le sursis est rejetée sans dépens, car elle chercherait à élargir la liste des débiteurs judiciaires pendant qu’un appel est en cours.
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