Summary

Keywords

Criminal law — Private prosecutions — Process hearings — Pre-enquête hearings — Evidence — Fresh evidence — Whether Crown may direct stay of proceedings before hearing occurs —Whether Court of Appeal erred in declining to admit fresh evidence on appeal — Criminal Code, R.S.C. 1985, c. C-46, ss. 507.1, 579

Summary

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The applicant swore four private informations against various individuals. The informations were placed on a provincial court docket for a hearing under s. 507.1 of the Criminal Code. The Crown stayed all four informations the day before the process hearing. The applicant sought certiorari of the Crown’s decision to stay the proceedings.

The chambers judge held that there is no absolute right to a hearing under s. 507.1. The Crown’s discretion to direct a stay of proceedings is only reviewable where evidence of flagrant impropriety demonstrates an abuse of process. There was no such evidence here. The application was dismissed.

The Court of Appeal found no error in the chambers judge’s decision. It also dismissed a fresh evidence application on the basis that the proposed evidence was not relevant to a decisive issue in the proceeding.

Lower Court Rulings