The accused was charged with possessing Dilaudid and Fentanyl for the purpose of trafficking and elected trial by judge of the Superior Court.
During a focus hearing for the preliminary inquiry, the Crown indicated it would not call the officer who made the arrest based on information from a confidential informant.
The defence sought to examine this officer regarding the lawfulness of the arrest and the grounds for arrest.
The Crown argued that a Dawson application was required and raised concerns about protecting the informer's privilege.
The court ruled on the scope and purpose of preliminary inquiries, the Crown's discretion not to call witnesses, the accused's right to call witnesses, the preliminary inquiry judge's authority to manage the hearing, and whether a Dawson application was necessary.
