DATE: 20011227 DOCKET: C36653

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. MELVIN DEUTSCH (Appellant)

BEFORE:

McMURTRY C.J.O., ROSENBERG and MacPHERSON JJ.A.

COUNSEL:

Melvin Deutsch,

the appellant, in person

Alexander V. Hrybinsky,

for the respondent

HEARD:

December 17, 2001

RELEASED ORALLY:

December 17, 2001

On appeal from the order of Justice John G. H. O'Driscoll dated June 25, 2001.

E N D O R S E M E N T

[1] This case has yet to come to trial. We see no merit in this appeal. O'Driscoll J. properly dismissed the application which was largely an attempt to litigate interlocutory rulings made at the preliminary inquiry. It was within the discretion of O'Driscoll J. to dismiss the application insofar as it was based on alleged violations of s. 11(b) of the Charter of Rights or alleged lack of disclosure. These are matters ordinarily dealt with by the trial judge. The matter should proceed to trial as soon as possible.

[2] The appeal is dismissed.

(signed) "R. Roy McMurtry C.J.O."

(signed) "M. Rosenberg J.A."

(signed) "J. C. MacPherson J.A."