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The Court of Appeal held that provincial vexatious litigant orders do not govern properly brought criminal-law applications challenging a Crown stay of a private prosecution.
Section 683(3) of the Criminal Code, applied via s.490(17), contains a clear, broad and mandatory prohibition that "no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal"; therefore the Court of Appeal has no power to award costs to either party on this appeal and cannot rely on inherent jurisdiction to circumvent that statutory prohibition.
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Although state conduct caused an eight-year delay in informing the accused, the appellant did not demonstrate actual prejudice to his fair trial rights and any risk of prejudice inferable from delay was rebutted by the evidence; ss.7 and 11(d) claims lacked evidentiary support; the source code was of substantial value and encompassed by the information; the 30-month sentence was within the trial judge's discretion and not unfit.
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The Court found no merit in the appeal and concluded the sentence imposed by the trial judge was fit, therefore declining to interfere with the sentencing judge's discretion.
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Appeal dismissed. Any alleged error in instructions about pre-entry planning was immaterial because evidence supported first degree murder under s.231(5)(e) — the killing occurred while the victim was being forcibly confined and the accused exploited that dominance to kill — and any instructional or evidentiary miscues did not cause a substantial wrong; the limited-use rule for prior inconsistent preliminary inquiry testimony was breached but the curative proviso applied because the record showed no reasonable possibility that the verdict would have been different.
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The court denied BCCLA intervener status in a pre-trial criminal proceeding, holding intervention in criminal trials should be granted sparingly.
The Supreme Court of Canada dismissed a criminal appeal, holding the jury was adequately instructed that the Crown had to prove guilt beyond a reasonable doubt.
The Supreme Court of Canada upheld a British Columbia inquiry into alleged police wrongdoing, holding it fell within provincial jurisdiction over the administration of justice.
The Supreme Court of Canada held that the trial judge erred by withdrawing s. 21 party-liability instructions from the jury, and ordered a new manslaughter trial.
Jurisdictional review of who may prosecute Combines Investigation Act offences and whether s. 32(1)(c) is valid under federal powers.
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