Court File and Parties
COURT FILE NO.: CR-22-8690 DATE: 2023/04/28
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
HIS MAJESTY THE KING Respondent
– and –
RANDALL HILLIER Applicant
Counsel: Dallas Mack, for the Respondent David Anber, for the Applicant
Before: Phillips J.
Decision
[1] On April 26, 2023, I released written reasons summarily dismissing Mr. Hillier’s application for a change of venue. In so doing, I applied the Criminal Proceedings Rules for the Superior Court of Justice in light of the jurisprudence that had developed to that date.
On April 28, 2023, the Supreme Court of Canada released a judgment in R. v. Haevischer, 2023 SCC 11. That case establishes that an application in a criminal proceeding should only be summarily dismissed if the application is “manifestly frivolous”.
[2] I invite submissions about whether the Haevischer decision ought to result in my decision being set aside (with the result that the Applicant may present his application anew before another justice).
Released: April 28, 2023 Justice Kevin B. Phillips