ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CRIMJ(P)82/10
DATE: 20120323
B E T W E E N:
HER MAJESTY THE QUEEN
Jeremy Schaffer, for the Crown
Applicant
- and -
MAXIE MORRIS
Deryk Gravesande, for the Respondent
Respondent
HEARD: February 13-15, 2012
ADDENDUM TO RULINGS NO.1 AND NO. 2
Wein J.
[ 1 ] As a result of an unforeseen disruption in the trial, a mistrial was declared in this case. As counsel agreed, and in accordance with the current legislation, the rulings previously made will cross-apply to the new trial. I have the following comments with respect to those rulings.
[ 2 ] First with respect to Ruling No. 1, Statement of a Bankrupt, I note that the Supreme Court of Canada has now heard the appeal in R. v. Nedelcu . Accordingly, in the event that that decision is released prior to the commencement of the new trial, this ruling may have to be revisited in the context of any decision from the Supreme Court of Canada.
[ 3 ] With respect to Ruling No. 2, concerning admissibility of prior discreditable conduct and post offence conduct, it may be that a review of specific questions proposed to be asked by the Crown should also be considered. The trial judge may wish to consider the aspect of the case, before the jury is selected, in the context of the specific rulings already given, so that the exact application of the ruling does not delay the flow of evidence.
Wein J.
Released: March 23, 2012
COURT FILE NO.: CRIMJ(P)82/10
DATE: 20120323
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: HER MAJESTY THE QUEEN Applicant - and – MAXIE MORRIS Respondent REASONS FOR JUDGMENT Wein J.
Released: March 23, 2012