WARNING
The President of the panel hearing this appeal directs that the following should be attached to the file:
An order restricting publication in this proceeding under ss. 539(1), (2), (3) or (4) of the Criminal Code shall continue. These sections of the Criminal Code provide:
539(1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry
(a) may, if application thereof is made by the prosecutor, and
(b) shall, if application thereof is made by any of the accused, make an order directing that the evidence taken at the inquiry shall not be published in any newspaper or broadcast before such time as, in respect of each of the accused,
(c) he is discharged; or
(d) if he is ordered to stand trial, the trial is ended.
(2) Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1).
(3) Everyone who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.
(4) In this section, “newspaper” has the same meaning as it has in section 297. R.S., c. C-34, s. 467: R.S.C. 1985, c. 27 (1st Supp.), s. 97.
R. v. Hollingworth, 2008 ONCA 807
DATE: 20081201
DOCKET: C47743
COURT OF APPEAL FOR ONTARIO
Simmons, Cronk and Watt JJ.A.
BETWEEN:
Her Majesty the Queen
Respondent
and
Donald Hollingworth (a.k.a. John Walters)
Appellant
Giuseppe Cipriano for the appellant
Brian G. Puddington for the respondent
Heard and released orally: November 14, 2008
On appeal from the order of committal to stand trial entered by Justice J. Peter Wright of the Ontario Court of Justice dated December 6, 2006 and from the dismissal of the certiorari application by Justice A. deLotbinière Panet of the Superior Court of Justice dated August 27, 2007.
ENDORSEMENT
[1] We see no basis on which to interfere with the order refusing to quash the appellant's committal on charges of possession of cocaine for the purpose of trafficking, possession of the proceeds of crime and dangerous driving.
[2] [As a result of the publication ban, the text will not be posted on the Court's web site until such time as the preliminary inquiry and trial, if any, is completed. While copies of the full text of the judgment may be obtained from the Registry of the Court of Appeal, such copies and information contained therein are subject to the same order prohibiting publication of details of the evidence adduced at the preliminary inquiry until the conclusion of any trial in this matter.]
[3] [As a result of the publication ban, the text will not be posted on the Court's web site until such time as the preliminary inquiry and trial, if any, is completed. While copies of the full text of the judgment may be obtained from the Registry of the Court of Appeal, such copies and information contained therein are subject to the same order prohibiting publication of details of the evidence adduced at the preliminary inquiry until the conclusion of any trial in this matter.]
[4] The appeal is therefore dismissed.
“Janet Simmons J.A.”
“E. A. Cronk J.A.”
“David Watt J.A.”