D. Carbonneau

The Crown appealed a trial judge's decision to stay criminal harassment and distribution of intimate images charges against the respondent due to alleged late and incomplete disclosure.

The trial judge found the Crown breached its disclosure obligations regarding police notes of conversations with the complainant, which the defence claimed were necessary to determine a potential conflict of interest.

On appeal, the Superior Court found the trial judge erred in concluding the Crown breached its disclosure obligations, as the requested information was irrelevant and the defence was engaged in a fishing expedition.

The court also found the trial judge erred in his application of the stay of proceedings test and in finding a conflict of interest had crystallized.

The stay was lifted and a new trial ordered.

The appellant appealed her conviction for refusing to provide a breath sample.

She argued the trial judge erred in finding her refusal was unequivocal, misapprehended evidence, and improperly rejected her reasonable excuse defence based on a respiratory infection.

The Superior Court of Justice dismissed the appeal, finding the trial judge's conclusion that the appellant was intentionally delaying the investigation was reasonable and supported by video evidence.

The court also held there was no material misapprehension of evidence and the trial judge properly applied credibility assessment principles.