Witnesses - Privilege - Privileged topics - Crown objection to disclosure of information. 37(1) had been amended to read "other official" - Siemens did not take issue with the CPS being characterized as "other person interested" - The Alberta Court of Queen's Bench opined that the CPS could be characterized as such an "official" and "would be included under either definition, although others, previously included, might now be excluded" - See paragraphs 26 and 27. 37(1) of the Canada Evidence Act - However, s. Witnesses - Privilege - Privileged topics - Crown objection to disclosure of information - Siemens was charged with drug offences - He sought disclosure of wiretap evidence that was in the possession of the Calgary Police Service (CPS) - The chief of the CPS sought intervener status to object to the disclosure on a public interest ground - He claimed that the CPS was an "other person interested" pursuant to the former version of s. Įvidence and witnesses - Documents and reports - Documents in possession of third parties.
CPS AR300 SERVICE MANUAL TRIAL
Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial. 37(1) was inclusive and did not prevent both the federal Crown and the CPS from objecting to disclosure - Alternatively, the CPS was entitled to intervener status at common law - The court rejected Siemens' argument that the Crown and the police were indivisible - See paragraphs 26 to 52.
CPS AR300 SERVICE MANUAL CODE
Procedure - Trial - Special duties of Crown - Duty to disclose evidence prior to trial - Szczerba and Siemens were charged with drug offences - The federal Crown was prosecuting the charges - Siemens sought disclosure of wiretap evidence that was intercepted in an investigation of unrelated Criminal Code offences against Szczerba - The Calgary Police Service (CPS) had the wiretap evidence - The federal Crown objected to disclosure - The Chief of the CPS sought intervener status to object to the disclosure - Section 37(1) of the Canada Evidence Act provided that "a Minister of the Crown in right of Canada or other official may object to the disclosure of information" on the grounds of public interest - The Alberta Court of Queen's Bench granted the Chief intervener status - The "or" in s. Procedure - Pretrial hearings - Intervenors. General principles - Rights of accused - Right to discovery or production - Szczerba and Siemens were charged with drug offences - The federal Crown was prosecuting the charges - Siemens sought disclosure of wiretap evidence that was intercepted in an investigation of unrelated Criminal Code offences against Szczerba - The Calgary Police Service had the wiretap evidence - At issue was the procedure for determining disclosure of the evidence - The Alberta Court of Queen's Bench stated that "where, as in this case, an accused seeks information pertaining to an investigation different than the investigation of the charge being tried in relation to someone other than the accused and that information is not in the possession or control of the Crown but is in the hands of a third party, even if that third party happens to be a police service, that information is prima facie governed by the procedure" - See paragraph 13. The court also held that the procedure to be followed for determining disclosure was that set out in R. The Alberta Court of Queen's Bench granted the Chief intervener status. The Chief of the Calgary Police Service applied to intervene. The Calgary Police Service had the wiretap evidence. Siemens sought disclosure of wiretap evidence that was intercepted in an investigation of unrelated Criminal Code offences against Szczerba. The federal Crown was prosecuting Szczerba and Siemens for charges of possession of cocaine for the purposes of trafficking.
Kenneth Michael Szczerba (accused) and Lindsay Cameron Siemens (accused/applicant) and Jack Beaton, Chief of Police of the Calgary Police Service (intervener applicant/respondent) Her Majesty The Queen (Crown/respondent) v.