Today we remember the many thousands of victims of the massacre that occurred more than two decades ago. A preponderance of evidence exists that all three World Trade Center buildings that collapsed on September 11 were deliberately destroyed in a controlled demolition, yet the real architects of this mass destruction have yet to be held accountable. Thousands of innocent people died in the destruction, and many thousands more suffered health consequences as a direct result of the wreckage. Countless families lost their loved ones.
Edward Ducharme
On August 11 we honour the heavenly birthday of Edward W Ducharme.
Happy Birthday Xael
PJD has the coolest grandson that celebrates his birthday today… Xael’s Uncle Michael (the Webmaster of this site) wishes Xael an amazing day and infinite wellness forever. Continue reading “Happy Birthday Xael”
The Appellate Decisions – Québec
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| Patrick J Ducharme |
The Court of Appeal for Québec in 2007 considered an appeal by the Crown from a decision dismissing its application for certiorari challenging a preliminary inquiry Judge’s decision to allow the accused’s counsel to cross-examine young complainants, aged fourteen and ten.1 The accused was charged with sexual assault and sexual touching. The Crown had resisted calling the complainants at the preliminary inquiry, suggesting that having them testify would be harmful to each because they were “disturbed” as a result of the events that led to the charges.
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The Appellate Descisions – British Columbia
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| Patrick Ducharme |
The Court of Appeal for British Columbia rendered a decision in R. v. Rao1 that directly considered the goals and meaning of these provisions. At a focus hearing conducted by the preliminary inquiry Judge the time estimated for the preliminary inquiry was significantly reduced upon the Crown’s application to file two binders of unsworn materials as its entire evidence at the inquiry. The preliminary inquiry Judge had suggested this procedure in her discussions with counsel. Defence counsel was permitted to make submissions challenging the procedure. The challenge by the defence was:
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The Appellate Decisions: Ontario
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| Patrick Ducharme |
In R. v. Vasarhelyi1 the Court of Appeal for Ontario considered section 507 of the Code and the procedure to be followed for issuing process when an information is laid under 504. In obiter, the court suggested that these subsections were intended to expedite the preliminary inquiry and circumscribe the scope of the hearing. Further, the court commented that these subsections expand the type of evidence that may be received on a preliminary inquiry beyond what the traditional rules of admissibility would permit. The traditional rules are expanded, provided the information tendered for reception is credible and trustworthy and the opposite party has received reasonable notice of the intention to introduce it, together with disclosure.
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Basis of Admissibility
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| Patrick J Ducharme |
Subsections 540 (7) and (8) permit the reception of copies of statements as evidence, provided:
a. Reasonable notice of the intention to tender the statements is given, together with a copy of the statements, and,
b. The Justice considers the information in those statements credible or trustworthy in the circumstances of the case.
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Expert Evidence
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| Patrick Ducharme |
Expert evidence may be given by means of a report accompanied by the affidavit or solemn declaration of the expert, setting out in particular the qualifications of the person as an expert and with reasonable notice of the intention to produce it in evidence as long as the party intending to produce the report in evidence has also given the other party a copy of the affidavit or solemn declaration, and, the court recognizes that person as an expert. This method of producing expert evidence by means of a report is an exception to the hearsay rule. The notice is to be given thirty days before trial, or, “such other period as fixed by the Judge.”
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Right to Cross-Examine at Preliminary Inquiry
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| Patrick Ducharme |
Fixing an arbitrary time limitation on cross-examination of a witness constitutes a refusal to exercise jurisdiction that can be cured by a mandamus order. Subsection 540(1)(a) permits the right of cross-examination of any witness called by the Crown. The right of cross-examination contemplated is that of full, detailed and careful cross-examination.
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Dawson Applications
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| Patrick J Ducharme |
A Dawson application refers to a request by defence counsel at a preliminary inquiry to cross-examine police witnesses on affidavits filed in support of a wiretap authorization or in support of an application for a search warrant. A Garofoli application is the same application at trial. In Dawson1 defence lawyers sought to cross-examine police witnesses on affidavits filed in support of a wiretap authorization at a preliminary hearing.
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