Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: R. v. Ramen Raziyni
BEFORE: Justice Chalmers
COUNSEL: C. Glaister for the Crown
R. Raziyni, self-represented
HEARD: March 14, 2022
ENDORSEMENT
Introduction
1The trial of this matter is scheduled for September 11, 2022, by judge and jury. The accused, Mr. Raziyni is currently self-represented.
Issues Addressed
2The following issues were addressed on the Judicial Pre-Trial;
(a) s. 486 application;
(b) disclosure;
(c) s. 11(b) Charter application; and
(d) s. 276 application.
Section 486 Application
3Pursuant to s. 486.3, the self-represented accused is not permitted to cross-examine the complainant. The Crown moves for the appointment of counsel to cross-examine the complainant and the complainant’s boyfriend. The accused consents to the relief sought. I advised Crown Counsel that I require the application to proceed in-writing. The application record along with the draft order is to be served on the accused and filed with the court. I am seized of the application.
Disclosure
4The accused was not sure if he received all of the disclosure from his previous counsel. I directed the Crown to send the entire disclosure package to the accused. The Officer in Charge will provide to the accused the necessary forms to allow him to access a portal where all the disclosure can be downloaded. The disclosure will include the transcripts from the preliminary inquiry. The disclosure will not include the video statements of the complainant. If the accused wishes to view the video statements, he may contact the Officer in Charge and make arrangements to do so.
Section 11(b) and Section 276 Applications
5The accused has not yet made a decision whether he intends to bring an application for a stay of the proceedings on the basis of delay pursuant to s. 11(b) of the Charter. He has also not made a decision as to whether he wishes to bring an application pursuant to s. 276 to permit evidence of the complainant’s sexual history. This matter is remanded to practice court on April 11, 2022 at 9 am to be spoken to. At that time, the accused will advise as to whether he intends to proceed with a s. 11(b) Charter application and/or a s. 276 application. If so, the dates for the hearing of the application(s) may be scheduled at that time.
Chalmers, J
Date: March 14, 2022