Court of Appeal for Ontario

Citation: R. v. Comtois, 2016 ONCA 185

Date: 2016-03-03

Docket: C60976

Before: Watt, Lauwers and Pardu JJ.A.

Between

Her Majesty the Queen

Respondent

and

Jason Comtois, Robbie Dickson, and Dwayne Ouimet

Appellants/Defendants

Counsel:

Julian Roy and Marc Gibson, for the appellant

Nicholas Devlin, for the respondent

Heard: March 2, 2016

On appeal from the judgment of Associate Chief Justice Frank N. Marrocco of the Superior Court of Justice, dated August 11, 2015, dismissing an application for certiorari to quash the order of Justice Knott of the Ontario Court of Justice, dated October 20, 2014.

APPEAL BOOK ENDORSEMENT

[1] The appellants challenge the decision of Marrocco A.C.J., dismissing their application for certiorari and for Charter relief to quash a decision of a summary conviction trial judge requiring them to attend for at least part of their trial, that is to say, arraignment, procedural discussions, and the Crown’s evidence. The appellants say the summary conviction trial judge erred in fettering his discretion whether to require the attendance of the appellants by giving weight to a pre-existing practice.

[2] The certiorari judge indicated that even if there had been jurisdictional error, he would have exercised his discretion to decline certiorari.

[3] The appellants have not demonstrated any error on the part of Marrocco A.C.J.

[4] As Sharpe J.A. indicated in para. 14 of his decision in this matter refusing a stay pending appeal:

It is well established that trials will not be interrupted by appeals or certiorari applications impugning orders made in the course of ongoing criminal proceedings unless the applicant can establish that the circumstances are such that the interests of justice necessitates the immediate granting of the prerogative or Charter remedy by the Superior Court: R. v. Johnson (1991), 1991 CanLII 7174 (ON CA), 3 O.R. (3d) 49 (C.A.). No such circumstances exist in this case.

[5] Accordingly, the appeal is dismissed.