The accused, Barry Mandamin, applied to remove the Kenora Crown Attorney's Office from prosecuting his charges due to an alleged conflict of interest.
This arose because his former defence counsel accepted employment with the Kenora Crown Attorney's Office shortly before his trial.
The court applied the principles from *MacDonald Estate v. Martin* and found that the Crown failed to provide clear and convincing evidence of institutional safeguards to rebut the strong inference of disclosure of confidential information.
Given the early stage of proceedings and the high potential for misuse of confidential information, the application was granted, and the prosecution was ordered to be conducted by a Crown Attorney's Office from outside the District of Kenora.
