ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: DR(P) 0013/13
DATE: 2013 03 22
B E T W E E N:
HER MAJESTY THE QUEEN
B. Moodie, for the Respondent
Respondent
- and -
ISAISH CAMPBELL
S. Williams, for the Applicant
Applicant
HEARD: March 22, 2013
ENDORSEMENT
HILL J.
[1] This matter is set for a bail review pursuant to section 520 of the Criminal Code and Rule 20 of the Rules Respecting Criminal Proceedings.
[2] The defence did not obtain a Judge’s Order for Mr. Campbell’s attendance. He is not here at the courthouse and his submitted Affidavit remains unsworn.
[3] The applicant launched an earlier bail review which was dismissed by Dawson J. on January 13, 2013.
[4] The current application submits error on the part of the Justice of the Peace who conducted the section 515 Show Cause Hearing on December 13, 2012, and argues that there has been a material change in circumstances.
[5] Presented before Dawson J. were Affidavits from Mr. Campbell and from Patrene Campbell and Florence Harrison. Mr. Campbell’s unsworn Affidavit filed in this successive application has some text seen in his earlier Affidavit. Affidavits filed in the current application from Ms. Campbell and Ms. Harrison are identical to the ones considered by Dawson J. In addition, Ms. Williams has filed an Affidavit from Ms. Blossom Dunkley in this application.
[6] Certain grounds in the current Notice of Application (Ground numbers 3 and 4) are identical to the grounds raised in the applicant’s earlier Notice of Application (Ground numbers 3 and 6).
[7] Presumptively, for the reasons canvassed in such authorities as R. v. Cariaga, [2010] O.J. No. 5880 (S.C.J.) and R. v. Trabulsey, [2005] O.J. No. 1937 (S.C.J.), this successive application is most properly returnable before the justice who presided at the first bail review. The above-described similarities in the respective applications in this case confirms the wisdom of this approach.
[8] In addition, the transcript of the proceedings before Dawson J. have not been filed as required by Rule 20.05(1)(d) (“…a transcript … of previous detention review proceedings, if any…”).
[9] Accordingly, the application is adjourned sine die to be brought back on two days’ notice once the record is properly perfected and an appointment for 30 minutes of court time before Dawson J. is obtained through the Superior Court of Justice Trial Coordinator’s Office.
Hill J.
DATE: March 22, 2013
COURT FILE NO.: DR(P) 0013/13
DATE: 2013 03 22
SUPERIOR COURT OF JUSTICE - ONTARIO
B E T W E E N:
HER MAJESTY THE QUEEN
Respondent
– and –
ISAIAH CAMPBELL
Applicant
ENDORSEMENT
Hill J.
DATE: March 22, 2013