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The court dismissed the Crown’s summary dismissal application and allowed Mr. Haevischer’s abuse of process application to proceed to a voir dire.
The court granted a stage-one McNeil/O'Connor disclosure application in part, finding most requested records about former officer Rob Ferris were likely relevant.
The court reversed its prior decision and held that the Crown bears the onus to justify non-disclosure; it failed to justify continued redaction of 'personal information' and must deliver a new disclosure package without those redactions as the material is reasonably possibly useful to make full answer and defence; the court declined to order a formal review of every privilege redaction, relying instead on Crown's ethical obligations, and refused to require that defence counsel be prohibited from sharing disclosed personal information with the accused but ordered the accused not to further di…
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The Court of Appeal dismissed an appeal from sexual assault convictions, holding that full disclosure of uncharged-complainant materials was not required to challenge the reasonableness of the search.
The Federal Court ordered a preliminary ruling on s. 23 Canada Evidence Act admissibility, rejected public interest immunity, and found Stinchcombe-type disclosure applied to certain RCMP records.
The Crown breached its Stinchcombe disclosure obligations by possessing and using the social worker’s notes without notifying defence; the non‑disclosure prejudiced the accused’s s.7 and s.11(d) rights and that prejudice could not be remedied by adjournment given the cascading, mid‑trial impact on defence strategy and witness impeachment; defence lack of due diligence made a stay inappropriate; the appropriate remedy is a mistrial.
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La Cour fédérale rejette la requête en modification, accueille en partie la nouvelle demande fondée sur la Loi sur la preuve au Canada et ordonne une divulgation conditionnelle.
The court held that a pre-trial production application did not commence the criminal trial or amount to Charter relief, and quashed the Provincial Court ruling.
The application was dismissed because the applicants failed to discharge the burden of showing the MES medical records were 'likely relevant' to issues at trial; the asserted links (suicidal ideation, disorientation, or other medical causes explaining presence at the rear or manner of death) were speculative, unsupported by case-specific evidence, and the records were not shown to be probative of the work area or risk-of-fall issues.
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Oral ruling on solicitor-client, litigation, and public interest privilege claims over RCMP/PPSC documents in the Everywhichway investigation.
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