Rebecca Meredith

The applicant challenged the constitutional validity of s. 577 of the Criminal Code, arguing that the Attorney General's power to direct an indictment without providing reasons or a preliminary hearing violates s. 7 of the Charter.

The court dismissed the application, holding that binding precedent establishes there is no constitutional right to a preliminary hearing and that core prosecutorial discretion, including the decision to direct an indictment, is not subject to routine judicial review absent an abuse of process.

The media parties sought to terminate or vary sealing orders related to Informations to Obtain (ITOs) for search warrants in a high-profile murder and terrorism case.

The Crown and the accused, Nathaniel Veltman, sought to maintain significant restrictions to protect fair trial rights and privacy.

The court applied the Sherman test, finding a serious risk to fair trial rights and privacy due to widespread pre-trial publicity.

The court ordered a publication ban on broad swathes of evidence and a limited sealing order on highly sensitive personal and graphic information, concluding these measures were necessary and proportionate to balance open court principles with fair trial rights and privacy.

The Crown brought a motion for directions to determine whether it could introduce evidence of the young complainant's lack of prior sexual activity in a sexual assault trial, and whether the complainant had standing at the resulting voir dire.

The court held that the Crown may introduce such evidence, subject to the common law Seaboyer principles and the factors in section 276 of the Criminal Code.

The court further held that unlike when an accused seeks to introduce such evidence, the complainant does not have automatic standing to participate in a voir dire when the evidence is led by the Crown.