Crown Counsel

The Crown applied under s. 119(1)(s) of the Youth Criminal Justice Act (YCJA) for permission to use a s. 34 report concerning an unnamed young person.

The Crown sought to use redacted portions of the report in cross-examination of a psychiatrist in an unrelated case, suggesting the psychiatrist used identical wording in different reports, similar to concerns raised in R v. Nettleton.

The application was heard ex parte and in camera.

The court granted permission to release the redacted report to the presiding judge, defence counsel, and the witness in the other proceeding, finding that the redactions sufficiently protected the young person's identity and that the release was in the interest of the proper administration of justice.

The applicant, A.B., sought a stay of criminal proceedings or exclusion of evidence due to alleged police misconduct by a confidential informant handler (W).

The misconduct included attempts to breach solicitor-client privilege, disparage A.B.'s counsel as a "gangster lawyer," and breach a witness exclusion order during a preliminary hearing.

The court found W's actions constituted a reckless disregard of A.B.'s Charter rights and fundamentally undermined the integrity of the judicial system.

A stay of charges was granted, with an alternative finding that the evidence would be excluded under section 24(2) of the Charter.

The accused was charged with driving while prohibited from doing so contrary to s. 259(4) of the Criminal Code.

A police officer observed a vehicle idling in the driveway of a residence on a list related to prohibited drivers.

The officer stopped the vehicle and identified the driver as the accused using an expired driver's license.

The accused had been prohibited from operating a motor vehicle for three years following a 2010 sentencing.

The accused raised Charter challenges regarding arbitrary detention, unreasonable search, and right to counsel.

The court rejected all Charter arguments and found the Crown had proved the charge beyond a reasonable doubt, resulting in a conviction.