Court File and Parties
COURT FILE NO.: CR-19-00000250-00MO DATE: 20200720
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
CANADA REVENUE AGENCY HAMILTON NIAGARA TAX SERVICES OFFICE Respondent
Counsel: Erin Carley, for the Crown
HEARD: July 20, 2020
BEFORE: Stewart J.
Reasons for Decision
[1] The Applicant seeks an order for a further extension of time for detention of items seized in this matter, as described in the Notice of Application and the Affidavit of Mary Stefani, sworn the 9th day of July, 2020. The Application is brought to this Court in accordance with s. 490(3) of the Criminal Code of Canada.
[2] The reasons for the need for such extension of time are set out in great detail in Ms. Stefani’s affidavit filed in support of this request. A previous Order for an extension had been granted by Monahan, J. on October 21, 2019 but subsequent circumstances have necessitated a further period of time to be requested. Ms. Stefani’s previous Affidavit of October 15, 2019 filed in the proceedings before Monahan, J. is also relied upon herein and supplies a full background to this investigation.
[3] Among the reasons advanced for the extension are the new and conflicting information received from interviews conducted as well as practical complications stemming from the Covid-19 pandemic. These include the suspension of the execution of search warrants which has prompted the decision to proceed by way of service of a Production Order on a third party as an alternative to obtain documents relevant to the issues raised in the investigation, a potentially lengthier process.
[4] For the reasons set out in the Factum filed by counsel for the Applicant, including the complexity of the investigation rendered more complex by the Covid-19 pandemic, and the absence of any real prejudice to the affected parties, I consider it in the best interests of the administration of justice to grant the Order sought. I note that the Canada Revenue Agency Hamilton Niagara Tax Services Office takes no objection to the granting of such order.
[5] Accordingly, an extension of five months as requested is hereby granted. The Applicant is at liberty to seek a further extension upon proper grounds, if required. Such application may be brought before any judge of the Superior Court. Such application may be placed on my list, if I am available, but I am not seized.
[6] I have signed the Order reflecting the above disposition in the form reflected in the draft Order supplied by counsel for the Applicant.
Released: July 20, 2020
COURT FILE NO.: CR-19-00000250-00MO DATE: 20200720
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
CANDADA REVENUE AGENCY HAMILTON NIAGARA TAX SERVICES OFFICE Respondent
REASONS FOR decision
Stewart J.
Released: July 20, 2020