Steven's Case — Over 80 — Adjourned

Between
Her Majesty the Queen, and
Steven K.

Ontario Court of Justice
Toronto, Ontario
Judge Young

Adjournment Granted:  1 November 2005
(20 paras.)

¶ 1     MR. PENNEY:  There's essentially three things Your Honour can do: Your Honour can prohibit the Crown from calling evidence, but my friend is entitled to make submissions and is certainly entitled to cross-examine on the affidavit; secondly, Your Honour can simply dispense with compliance with the rules; or, thirdly, Your Honour can say, comply with the rules, so...

¶ 2     THE COURT:  Well, it's the last one. It seems to be a compromise.

¶ 3     MR. PENNEY:  So, it's within Your Honour's discretion. If this were the straightforward garden variety application, where it strictly was determined upon the facts, I would be content to deal with this today, but it raises fairly complicated legal issues in terms of section 1, what's the meaning of proscribing the laws that arises from Thomsen, and the scope to which rights are suspended during the roadside screening device detention. And it's an issue that deserves a fair response on the part of the Crown. I don't think my friend is disagreeing with that in principle.

¶ 4     MR. BRANDES:  Not in principle. If I can just have a moment's indulgence? Yes. I think Your Honour is correct. It is a compromise position, and I would appreciate it if the Crown could have an opportunity to properly respond to my friend's materials.

¶ 5     THE COURT:  All right.

¶ 6     MR. PENNEY:  We can go down to 111 right now, Your Honour, to schedule another date. I'm prepared to do that.

¶ 7    THE COURT:  All right. Is that agreeable to the Crown, Mr. Brandes, send it to 111?

¶ 8     MR. PENNEY:  Or the officer and I can attend at the trial coordinator's office and get another date right in there?

¶ 9    MR. BRANDES:  That might be a better idea. 

¶ 10     MR. PENNEY:  Why don't we do that? We might get an earlier date that way, Your Honour.

¶ 11     MR. BRANDES:  That would, that would be great.

¶ 12     THE COURT:  Fine. So the Crown is going to file papers, Mr. Brandes.

¶ 13     MR. BRANDES:  Oh, yes, Your Honour.

¶ 14     THE COURT:  All right, fine.

[REPORTER'S NOTE:  At this time, other matters are dealt with.]

¶ 15     MR. BRANDES:  I see, in the meantime, my friend has returned.

¶ 16     THE COURT:  All right.

¶ 17     MR. PENNEY:  Mr. K., would you come forward, please. Your Honour, the officer and I attended upon the trial coordinator, and I am going to hand the clerk the note. I'll tell Your Honour the date first: April the 3rd, 124 court, 10:00 a.m. I indicated to the trial coordinator that five hours would be required, and she raised with me the issue of whether that's a day. And I agreed that, in fact, rarely do Courts sit for more than five real hours per day. So, given that it's the second trial date and it is a considerable distance away, she has scheduled a full day in 124 court for April the 3rd. There's an indication on the form that the Crown was not available in March, but that was the first available date otherwise.

¶ 18     THE COURT:  All right. This, Mr. K.'s case, is fixed for trial on April the 3rd, 2006, 124 court, 10:00 a.m., five hours.

¶ 18     MR. PENNEY:  Thank you so much, Your Honour.

¶ 19     MR. BRANDES:  Thank you, Your Honour, and thanks to my friend.

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