Crown preferred a direct indictment shortly after accused re-elected to have a preliminary inquiry. Defence application for disclosure of communications between Crown and Deputy Minister regarding the approval of direct indictment, to support s 7 abuse of process argument. Crown claimed privilege.
Held: Application dismissed.
As per Ahmad, 2008 CanLII 27470 (ON SC), a bare allegation of abuse of process is insufficient to trigger disclosure of material regarding the exercise of Crown discretion. Defence must establish a “tenable allegation of mala fides or credible showing of flagrant impropriety”: Chan, 2003 ABQB 169. “In my view, no such independent credible basis exists in this instance…I am simply not persuaded that a tenable allegation has been made out to support the defence request for disclosure of this material”.
G. Dunn – Defence Counsel