Aarika Heath

The Crown applied for certiorari and mandamus to quash a preliminary hearing judge's order discharging the accused on a charge of dangerous driving causing death.

The Crown alleged the accused and the deceased were street racing when the deceased crashed and died.

The reviewing judge found the preliminary hearing judge committed jurisdictional error by failing to take the Crown's evidence at its highest and by creating a reasonable apprehension of bias through excessive intervention and questioning of a police witness regarding speed calculations.

The application was granted, and the matter was remitted with a direction to commit the accused for trial on charges of dangerous driving causing death and dangerous driving while street racing causing death.

In a criminal sexual assault prosecution involving two accused and a teenage complainant, the court addressed the appointment of an amicus curiae shortly before the scheduled trial.

One accused had dismissed her counsel one week before trial, creating the prospect that she would appear unrepresented in proceedings involving sensitive evidence from a young complainant.

The court exercised its inherent jurisdiction to appoint an amicus to assist the court, including potentially conducting cross‑examination of the complainant and advising on legal issues.

The appointment was made to ensure a fair and orderly trial and to minimize harm to the complainant while preserving the integrity of the proceedings.

Once the accused retained new counsel before trial commenced, the court discharged the amicus from further involvement.