COURT OF APPEAL FOR ONTARIO

DATE: 20050617

DOCKET: C41066

RE: HER MAJESTY THE QUEEN (Respondent) – and – SYLVIETTE BROWN and CAREY BROWN (Appellants)

BEFORE: MOLDAVER, ARMSTRONG and JURIANSZ JJ.A.

Sylviette Brown and Carey Brown In person

COUNSEL: Lou Strezos Duty Counsel

Lucy Cecchetto for the respondent

HEARD: June 16, 2005

On appeal from the decision of Justice H. David Logan of the Superior Court of Justice dated November 24, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view, Logan J. erred in failing to grant standing to Ms. Sylviette Brown on the certiorari application. He further erred in proceeding to deal with the application in respect of Carey Brown because the application was premature. In respect of both appellants, we are satisfied that the proper forum to determine the issues was the Provincial Court under ss. 111 and 117 of the Criminal Code. In that regard, we note that counsel for the Crown has undertaken that at the s. 117 hearing, the Crown will take the position that Ms. Brown has standing.

[2] We should indicate that in coming to this conclusion, we are not to be taken as endorsing the reasoning of Logan J. in dismissing Mr. Brown’s application for certiorari. Indeed, we have real concerns that he may not have addressed his mind to the proper issues concerning the validity of the warrants.

[3] Accordingly, the appeals are allowed and the orders of Logan J. are set aside.