Court of Appeal for Ontario
Date: 20221011 Docket: C70056
Before: Simmons, Paciocco and Zarnett JJ.A.
Between:
His Majesty the King Respondent
and
Jomal Brown Appellant
Counsel: Anthony Marchetti, for the appellant Robert Morin, for the respondent
Heard: October 4, 2022
Warning Regarding Publication Restriction
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 therefor is made by the prosecutor, and (b) shall, if application therefor is made by any of the accused, make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused, (c) he or she is discharged; or (d) if he or she 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(4) [Repealed, 2005, c. 32, s. 18(2).]
R.S., 1985, c. C-46, s. 539; R.S., 1985, c. 27 (1st Supp.), s.97; 2005, c. 32, s. 18.
Procedural History
On appeal from the order of Justice Nola E. Garton of the Superior Court of Justice, dated October 28, 2021, granting certiorari and setting aside the order of Justice M. Samantha G. Peeris of the Ontario Court of Justice, dated December 18, 2020.
Note on Publication
The text of this decision is subject to a statutory non-publication order pending the outcome of the trial. The full text of the decision may be obtained at the Court of Appeal Registry Office.