Krystal Manitius

The Crown appealed a trial judge's decision to stay proceedings against the respondent, an Indigenous offender who pled guilty to domestic assault and breach of recognizance.

The trial judge had stayed the charges, finding the respondent's s. 7 Charter rights were breached due to over-incarceration while awaiting a Gladue report that Aboriginal Legal Services (ALS) ultimately could not produce, and because ALS allegedly breached a court order to provide the report.

The Superior Court allowed the appeal, finding the respondent was actually detained on other charges, not just awaiting the report.

Furthermore, the trial judge only requested, not ordered, the report, and had no jurisdiction to order a non-party like ALS to produce one.

The stay was set aside and the matter remitted for sentencing.

The accused applied for an order permitting him to sit at counsel table rather than in the prisoner's dock during his upcoming trial.

The Crown opposed the application, citing the accused's lengthy criminal record and past courtroom outbursts, though acknowledging he was not an escape risk.

The court granted the application, preferring the line of authority that locating an accused outside the prisoner's dock better reflects the presumption of innocence.

The court ordered that the accused be permitted to sit at counsel table, subject to discreet security measures.