Superior Court of Justice – Ontario

Citation: Samuels v. Her Majesty the Queen, 2016 ONSC 7748

Court File No.: CV-16-563344

Date: 2016-12-09

Between:

Andrie Jerome Samuels, Applicant

-and-

Her Majesty the Queen, The Attorney General of Canada, Respondents

Before: F.L. Myers J.

Read: December 9, 2016

Endorsement

[1] This application was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request of counsel for the respondents under subrule 2.1.01(6).

[2] In this application, Mr. Samuels seeks to stay criminal charges against him based on alleged violations of his rights under ss. 7 and 24(1) of the Charter of Rights and Freedoms. Essentially, he says that criminal charges were brought against him as a result of civil proceedings that he had commenced previously to challenge the legality of wiretap and other investigative processes that the state had brought to bear against him and others.

[3] The criminal proceedings against the applicant remain ongoing. If the criminal charges are an abuse of process or if the state has violated Mr. Samuel’s rights in investigating and proffering evidence in those proceedings, relief can readily be sought by Mr. Samuels in those proceedings. A civil claim to try to stay ongoing criminal proceedings appears to be an abuse of process on the face of the application. Mr. Samuels ought therefore be provided with an opportunity to make written submissions as to why this application should not be dismissed on that basis.

[4] On reviewing the material forwarded by the registrar, the court makes the following order:

a. Pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to the applicant in Form 2.1A that the court is considering making an order under Rule 2.1.01 dismissing the application;

b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the application is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43[^1];

c. The registrar shall accept no further filings in this application excepting only the applicant’s written submissions if delivered in accordance with rule 2.1.01(3);

d. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the applicant and counsel for the respondents by email if it has their email addresses or by fax.

F.L. Myers J.

Date: December 9, 2016

[^1]: See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.