Crown application as per Vukelich, 1996 CanLII 1005 (BC CA) for court to exercise its discretion to decline to hear accused’s Charter application. Accused sought remedies under 24(1) in relation to dangerous offender proceeding on basis of state abuse he suffered at the Michener Centre and in custody.
Held: Application granted; Charter application summarily dismissed.
Nasogaluak, 2010 SCC 6 “deemed that only misconduct relating to the offender and the offence before the Court could support the remedy… [w]hile the impugned conduct need not be directly related to the offence, it must be consequent upon the offence.” Here, insufficient nexus between state conduct and the charges. Expanding range of applicable conduct in this way could open floodgates to “admission of evidence with only a very tenuous link to the circumstances bringing the offender before the Court and no link at all to the functioning of the administration of justice itself.” Assuming the truth of the facts underlying the Charter breaches, the violations could not support the remedies sought.
T. Engel – Defence Counsel