Canada Case Law

R. v. Mivasair

Court

Court of Appeal for Ontario

The Superior Court has jurisdiction and an informant/private prosecutor has standing to bring a criminal application for certiorari to review the Crown's exercise of prosecutorial discretion to intervene in and withdraw or stay a private prosecution for abuse of process; however, on the facts the appellants failed to meet the Anderson threshold evidentiary burden to show abuse of process, and the appeal is dismissed.

Source excerpt

• Prosecutorial discretion
• Abuse of process
• Certiorari
• Private prosecution
• Standing
• Judicial review

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R. v. Bryfogle

Court

Supreme Court of British Columbia

The Court held that the mandamus application in file 113416 was a nullity, lacked jurisdiction against federal actors, and failed on the merits for provincial actors.

• Mandamus
• Nullity of proceedings
• Vexatious litigant order
• Jurisdiction
• Private prosecution
• Crown counsel duties

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Wood (Re)

Court

Yukon Court of Appeal

The Yukon Court of Appeal denied Juanita Wood leave to appeal in a matter tied to a proposed s. 774 Criminal Code certiorari application, finding the proceeding abusive.

• Abuse of process
• Inherent jurisdiction
• Private prosecution
• Certiorari (s.774 criminal code)
• Leave to appeal
• Vexatious litigant order

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Wood v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck Juanita Wood’s judicial review application, holding it lacked jurisdiction because the stay decision was an exercise of prosecutorial discretion.

• Prosecutorial discretion
• Jurisdiction
• Judicial review
• Stay of proceedings
• Mandamus
• Private prosecution

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Pereira v. British Columbia (Attorney General)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Pereira’s appeal against a stay of private informations, upheld the Attorney General’s authority under s. 579(1), and refused further evidence.

• Prosecutorial discretion
• Private prosecution
• Stay of proceedings
• Process hearing (pre-enquete)
• Abuse of process
• Judicial review (certiorari and mandamus)

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Re Gao

Court

Supreme Court of British Columbia

Appeal from a refusal to issue process in a private prosecution was dismissed for lack of jurisdiction and non-compliance with the rules.

• Private prosecution
• Refusal to issue process
• Prerogative relief (mandamus)
• Summary conviction appeal
• Service/substituted service
• Transcript unsealing

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Felger v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court dismissed Tim Felger’s request for an extension of time to seek certiorari and mandamus, finding the delay unjustified and the underlying application without merit.

• Certiorari
• Mandamus
• Extension of time
• Vexatious litigant
• Private prosecution
• Abuse of process

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Holzbauer v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court dismissed a Charter application challenging Criminal Code provisions and a Crown stay of a private information, finding no live proceeding or valid procedure.

• Prosecutorial discretion
• Private prosecution
• Stay of proceedings
• Charter s.7
• Charter s.11
• Abuse of process

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R. v. Glegg

Court

Court of Appeal for Ontario

The appeal is dismissed because established authority permits the Crown to direct entry of a stay under s.579(1) after an information is laid (including before completion of a pre-enquete), the motion judge properly applied Rule 34.02 to summarily dismiss the application on the materials before him, and the appellant produced no evidentiary basis of bad faith or abuse of process to justify setting aside the stay.

Source excerpt

• Prosecutorial discretion
• Stay of proceedings
• Pre-enquete
• Private prosecution
• Abuse of process
• Criminal proceedings rules

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Holland v. British Columbia (Attorney General)

Court

British Columbia Court of Appeal

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.

• Vexatious litigant orders
• Stay of proceedings
• Private prosecution
• Extraordinary remedies
• Judicial review vs. certiorari
• Statutory interpretation

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