Ostap Melnick

The accused was charged with importing cocaine and had previously elected trial by judge and jury and requested a preliminary inquiry.

At the scheduled preliminary inquiry, the accused engaged in disruptive and obstructionist conduct, presenting a self-created identification document and repeatedly demanding the judge provide identification, claiming to be a sovereign person.

The accused refused to participate in the proceedings and declared himself the highest authority in the court.

The judge found that the accused's conduct made it impossible to conduct the preliminary inquiry and that he was effectively withdrawing his request for one.

The judge ordered the accused to stand trial pursuant to section 536(4.3) of the Criminal Code.

The defendant sought leave to cross-examine the affiant of an Information to Obtain (ITO) used to obtain a search warrant at a preliminary inquiry.

The defendant was charged with possession of marijuana for the purpose of trafficking, possession of a controlled substance, and possession of proceeds of crime.

The court dismissed the Dawson application, finding that the cross-examination was not necessary to enable the defendant to make full answer and defence, and that the information provided by a confidential informant was substantially corroborated by independent police surveillance evidence.