Case information

Criminal law — Appeals — Interlocutory appeals — Evidence — Dangerous offender application — Whether Court of Appeal erred in denying applicant leave to appeal case management judge’s decision — Whether lower courts, specifically case management judge, committed determinative error of law in taking into account written passage from psychologist’s report dated July 23, 2024, in respect of applicant without having expert testify during voir dire in course of management hearing, which had nothing to do with exhibits R-10 to R-13 of RI-2 of Crown, causing prejudice to self represented applicant — Whether Crown’s representative had right to make two applications to have applicant found to be dangerous offender before lower courts without signing notice of presentation for court office, trial judge and applicant.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In the course of a new hearing of a dangerous offender application, Judge Graton, as the case management judge, rendered a decision on motions to exclude evidence brought by the applicant. Some of the prosecution’s evidence that the applicant sought to have excluded was admitted by the judge. The applicant sought leave to appeal that decision to the Court of Appeal. Marcotte J.A. dismissed the applicant’s application for leave to appeal Judge Graton’s decision, on the ground that it was an interlocutory decision in a criminal matter from which there was no right of appeal.