Geoff Snow

The court considered an application for a publication ban following the guilty plea of David Cake to obstructing justice.

The applicant Anthony George, charged separately in connection with the same incident, sought a complete publication ban to protect his right to a fair trial.

The Crown supported a limited ban, while media intervenors opposed any restrictions.

The court granted a partial, temporary publication ban, permitting publication of certain facts regarding Cake's plea and conduct while restricting publication of evidence concerning the cause of death and any references to George or co-accused Mielke.

The court considered the Dagenais test, the importance of open court principles, and systemic discrimination affecting aboriginal accused persons.

The applicants, charged with drug offences following a warrantless search of their residence, brought an application for a stay of proceedings alleging breaches of their s. 7, s. 8, and s. 11(b) Charter rights.

The s. 7 claim arose from the principal police witness failing to disclose that his personal counsel was also representing one of the applicants at the preliminary inquiry.

The court found a s. 7 breach but held it did not warrant a stay of proceedings.

However, the court found that the applicants' s. 11(b) rights were violated due to an unreasonable delay of 28 months, largely stemming from the conflict of interest issue and institutional delay.

The court granted a stay of proceedings under s. 24(1) of the Charter.