DATE: 20041214

DOCKET: C42726

COURT OF APPEAL FOR ONTARIO

IN THE MATTER OF SECTION 696.3 OF THE CRIMINAL CODE, S.C. 2002, C. 13;

AND IN THE MATTER OF AN APPLICATION FOR MINISTERIAL REVIEW (MISCARRIAGES OF JUSTICE) SUBMITTED BY STEVEN MURRAY TRUSCOTT IN RESPECT OF HIS CONVICTION AT GODERICH, ONTARIO, ON SEPTEMBER 30, 1959, FOR THE MURDER OF LYNNE HARPER;

AND IN THE MATTER OF THE DECISION OF THE MINISTER OF JUSTICE TO REFER THE SAID CONVICTION TO THE COURT OF APPEAL FOR ONTARIO FOR HEARING AND DETERMINATION AS IF IT WERE AN APPEAL BY STEVEN MURRAY TRUSCOTT ON THE ISSUE OF FRESH EVIDENCE, PURSUANT TO SUBSECTION 696.3(3)(A)(ii) OF THE CRIMINAL CODE.

BEFORE:

MCMURTRY C.J.O, DOHERTY AND MOLDAVER JJ.A.

COUNSEL:

James Lockyer, Philip Campbell, Marlys Edwardh and Hersh E. Wolch, Q.C.

for the appellant, Steven Murray Truscott

Rosella Cornaviera and Gregory J. Tweney

for the respondent, Her Majesty the Queen in Right of Ontario

Croft Michaelson

for the Intervenor, Her Majesty the Queen in Right of Canada

HEARD:

December 8, 2004

DIRECTIONS TO THE PARTIES

[1] The following directions are designed to facilitate the fair, just and expeditious hearing of the above noted Reference.

The Record

[2] The Record shall consist of the entire record available to the Honourable Fred Kaufman in the preparation of his Report to the Minister. The Record may be supplemented by such further material as the parties see fit to tender and the court sees fit to receive (Supplementary Record). Unless otherwise ordered, the Report prepared by Mr. Kaufman shall not form part of the Record.

[3] With the consent and approval of the Minister of Justice, the Minister shall as soon as practicable prepare twelve copies of the Record for the Reference (seven copies for the court and five copies for the parties).

[4] Within forty-five days of today’s date, the court will meet again with the parties to discuss what additional material, if any, the parties will be seeking to tender by way of Supplementary Record and the format to be used for obtaining it and presenting it to the court.

[5] All material forming part of the Record or Supplementary Record shall be filed with the court under seal, save for those portions that involve prior court proceedings and the proceedings before the Supreme Court of Canada in the 1966 Reference. Thereafter, the parties shall have thirty days to make submissions as to what parts of the Record, if any, should remain sealed.

The Scope of the Reference

[6] The parties shall have thirty days from today’s date to advise the court in writing as to their positions regarding the scope of the Reference and in particular, what legal issues, if any, may be raised that are not tied to the issue of fresh evidence. Once this information is provided to the court, further directions will follow if a hearing is required to determine the matter.

Release of Paragraphs 2125 to 2134 of the Kaufman Report

[7] The parties shall have ten days from today’s date to advise the court in writing as to their positions concerning the immediate release to the public of paragraphs 2125 to 2134 of the Kaufman Report. Once this information is provided, further directions will follow if a hearing is required to determine the matter.

"R. Roy McMurtry C.J.O."

"Doherty J.A."

"M. J. Moldaver J.A."