Luke Reidy

The applicant, the Prime Minister of Canada, sought to quash a subpoena compelling him to testify at the criminal trial of the respondent, who was charged with assault with a weapon for throwing gravel at the applicant during a campaign event.

The court quashed the subpoena on three independent grounds: the respondent failed to show the applicant was likely to give material and necessary evidence; the subpoena was an abuse of process intended for political purposes rather than legal ones; and the applicant enjoyed absolute parliamentary privilege providing testimonial immunity while Parliament is in session.

The defendant, E.R., was charged with sexual assault.

The central issue was whether the complainant, Ms. Mathewson, consented to the sexual activity and whether E.R. had an honest but mistaken belief in her consent.

The court found Ms. Mathewson's evidence regarding lack of consent unreliable due to inconsistencies and accepted E.R.'s detailed and corroborated account of consensual activity.

The court concluded that Ms. Mathewson had capacity to consent and did so through affirmative conduct, and E.R.'s belief in her consent was honest and reasonable.

E.R. was found not guilty.

The accused, charged with dangerous driving causing death after his commercial truck collided with a car, brought a Charter application seeking a stay of proceedings.

He alleged the Crown breached his section 7 rights by releasing the truck to its owner, thereby losing or destroying material evidence regarding the truck's weight and braking capacity.

The Superior Court of Justice dismissed the application, finding the accused failed to establish on a balance of probabilities that the evidence was lost or destroyed, noting the defence had multiple opportunities to inspect the vehicle and had in fact obtained an expert report.