Court File and Parties

Court File No.: Newmarket 12-5512 Date: 2013-02-25 Ontario Court of Justice

Between: Her Majesty the Queen — and — Clifford A. Stephenson

Ruling on Adjournment Application

Before: Justice Joseph F. Kenkel

Heard on: February 25, 2013 Reasons: February 25, 2013

Counsel: Ms. Cheryl Goodier for the Crown Ms. Susan Von Achten for the accused

KENKEL J.:

1. The accused applies for an adjournment of the trial set for February 26th, 2013.

2. Counsel did not set out the reasons for the adjournment request in the materials before the court but asked for a judicial pre-trial so that the court could hear the reasons in camera and provide guidance with respect to this trial matter.

3. A judicial pre-trial was held and it was determined that Ms. Von Achten has concerns about police and Crown conduct in relation to another matter involving Mr. Stephenson. That matter involves unrelated allegations from January of 2013.

4. This case involves complaints by two civilian witnesses well before the recent incident which concerns the applicant. While Ms. Von Achten may be a witness in the new matter, I've not been advised of anything that would prevent her from acting for Mr. Stephenson in this trial.

5. I must refuse the defence request for adjournment and direct that the trial proceed. Ms. Von Achten also advised of a booking error and indicated that she had to attend Scarborough court in the morning. The circumstances of that matter would permit her to attend court here if the matter were held down. Accordingly, I order that the trial proceed as scheduled but that the witnesses be advised they are not required to attend before 11:00 a.m.

Ruling: February 25, 2013

Justice Joseph F. Kenkel