S. J. Wojciechowski

The applicant sought certiorari to quash an order of the Ontario Court of Justice compelling his attendance for a show cause hearing regarding a common law peace bond.

The Crown had previously directed a stay of proceedings on all drug trafficking charges against the applicant pursuant to section 579 of the Criminal Code.

The Superior Court of Justice held that the entry of a section 579 stay completely extinguishes the court's jurisdiction over the accused, precluding any residual common law power to impose a peace bond.

The application was granted and the lower court's order was quashed.

The applicants brought an urgent motion seeking interim co-guardianship of their father and the appointment of section 3 counsel.

The court previously directed the Public Guardian and Trustee to appoint section 3 counsel.

On the continuation of the motion, the court granted certain relief on consent, including the provision of medical records and powers of attorney.

However, the court declined to order a capacity assessment or grant the applicants unfettered access to the father's medical providers until the newly appointed section 3 counsel had an opportunity to receive instructions and make submissions on his behalf.

The Crown brought a Gardiner application to establish disputed aggravating facts for the sentencing of the accused, who had pleaded guilty to attempted murder, aggravated assault, and other offences following a police pursuit.

The court found the Crown failed to prove beyond a reasonable doubt that the accused was hiding in the back seat at a roadblock or that he was hitchhiking to evade police prior to his surrender.

However, the court accepted the Crown's evidence regarding the positioning of the firearm when the accused shot at a police officer during the pursuit.