The defendant, C.S., brought a motion to recuse the assigned Crown counsel, alleging her involvement in the drafting of a racially charged undercover advertisement used in the investigation, which formed the basis of a potential abuse of process application.
The court found that newly disclosed police notes suggested the Crown's involvement in the investigative planning, making her a material and necessary witness.
Given the unreliability of the police officer's testimony regarding the meeting, the court determined that the proper administration of justice required the Crown to be called as a witness, thus meeting the stringent preconditions for recusal.
