The applicant, a young person charged with murder, sought to quash a subpoena compelling him to testify at the preliminary hearing of his separately charged adult co-accused.
The applicant argued the Crown's predominant purpose was to obtain incriminating evidence against him and force him to reveal his defence.
The court found the Crown established the applicant likely had material evidence to give.
Applying the Branch test, the court concluded the applicant failed to demonstrate the Crown's predominant purpose was improper or that there was a real and substantial risk of prejudice to his fair trial rights, given the availability of derivative use immunity.
The application to quash the subpoena was dismissed.
