Her Majesty the Queen v. Justine Awashish

(Quebec) (Criminal) (By Leave)


Criminal law - Appeals, Certiorari, Jurisdiction.


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Criminal law – Appeals – Interlocutory judgment – Certiorari – Jurisdiction – Impaired driving – Disclosure – Whether court exceeds its jurisdiction by ordering Crown to inquire into existence of documents not characterized as “fruits of investigation” and into identity of holders thereof without relevance being demonstrated – In these circumstances, whether court commits error of law on face of record – Whether Court of Appeal can limit Superior Court’s scope of review and right to apply for certiorari against interlocutory decisions concerning disclosure of evidence.

Justine Awashish was charged with operating a vehicle with a blood alcohol level over the legal limit. Ms. Awashish filed a motion for disclosure accompanied by a McNeil motion. She sought an order requiring the Crown to tell her whether the information whose disclosure she was requesting existed and, if so, to tell her the identity of the persons holding that information. The Court of Québec allowed Ms. Awashish’s application. The Crown filed a motion for certiorari, which was allowed by the Superior Court. The Court of Appeal allowed the appeal.