S. J. von Achten

The applicants, charged with first degree murder, brought a motion to adduce evidence at trial of a known third party as an alternate suspect.

The Crown alleged the applicants conspired to kill the deceased for insurance proceeds.

The applicants sought to introduce evidence that the deceased's former common-law partner had motive and opportunity to commit the murder.

The court applied the test for third-party suspect evidence, requiring a sufficient connection between the third party and the crime.

The court found the proposed evidence lacked direct connection, relied on hearsay, and failed to establish motive, means, or propensity.

The motion to adduce the alternate suspect evidence was dismissed.

In a first-degree murder prosecution, the defence brought a pre-trial application to remove Crown counsel, alleging prosecutorial misconduct, suppression of evidence, and collusion with police.

The Crown brought an application under Rule 34.02 of the Criminal Proceedings Rules to summarily dismiss the defence's application.

The court found that the defence's allegations were based entirely on suspicion, conjecture, and speculation, lacking any evidentiary foundation.

Applying the principles from R. v. Cody, the court concluded there was no reasonable prospect the defence application could succeed and summarily dismissed it without an evidentiary hearing.

Two co-accused, charged with first-degree murder, sought an order permitting their joint representation by a single counsel, Ms. von Achten, following a prior order removing her as counsel for one accused due to conflict.

The court considered the accused's right to counsel of choice, the potential for tactical disadvantages, and the public interest.

Despite acknowledging potential future conflicts and the risk of proceeding unrepresented, the accused, having received independent legal advice, were adamant about their choice.

The court granted the application, emphasizing the accused's constitutional right to choose counsel, provided they confirm their understanding of the risks on the record.