R. v. Curragh Inc., [1995] 1 S.C.R. 900

Her Majesty The Queen Applicant

v.

Curragh Inc., Gerald Phillips and Roger Parry Respondents

Indexed as: R. v. Curragh Inc.

File No.: 24641.

1995: April 5.

Present: Lamer C.J. and Gonthier, Cory, McLachlin and Iacobucci JJ.

motion to quash an application for leave to appeal

Criminal law ‑‑ Appeals ‑‑ Supreme Court of Canada ‑‑ Jurisdiction ‑‑ Manslaughter trial ‑‑ Trial judge privately asking head of public prosecution service to remove lead Crown counsel from prosecution team ‑‑ Trial judge complaining of counsel's lack of preparation and uncooperative attitude toward defence counsel ‑‑ Crown bringing motion for mistrial because of reasonable apprehension of bias ‑‑ Trial judge dismissing Crown's motion ‑‑ Crown applying for leave to appeal decision to Supreme Court of Canada ‑‑ Motion to quash application for leave granted ‑‑ Supreme Court having no jurisdiction to hear appeal at this stage.

MOTION by respondents to quash the Crown's application for leave to appeal from an order of Anderson J. dismissing the Crown's motion for a mistrial. Motion granted.

David J. Bright, Q.C., and Brian A. Crane, Q.C., for the applicant.

Anne Malick, Q.C., and Robert E. Houston, Q.C., for the respondent Parry.

Gordon R. Kelly and N. Kent Clarke, for the respondent Phillips.

The judgment of the Court was delivered orally by

1 Lamer C.J. ‑‑ This Court, having no jurisdiction to hear an appeal at this stage of the proceedings, refrains from expressing any views as regards the merits of the matter, and grants the motion to quash the application for leave to appeal.

2 Accordingly the other applications are dismissed.

Judgment accordingly.

Solicitors for the applicant: Boyne Clarke, Dartmouth.

Solicitor for the respondent Parry: Nova Scotia Legal Aid, Truro, Nova Scotia.

Solicitors for the respondent Phillips: Blois, Nickerson & Bryson, Halifax.