Osiowy v. Linn, P.C.J., (1988) 67 Sask.R. 215 (QB)

• Judge: Wright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 22, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 67 Sask.R. 215 (QB)

Osiowy v. Linn, P.C.J. (1988), 67 Sask.R. 215 (QB)

MLB headnote and full text

Darrell Allen Osiowy (applicant) v. Her Honour Judge P.M.B. Linn (respondent)

(No. 1713 A.D. 1988)

Indexed As: Osiowy v. Linn, P.C.J.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Wright, J.

April 22, 1988.

Summary:

The accused was convicted of arson. The accused brought a private prosecution against a Crown witness for perjury, after the Crown, following an investigation, failed to do so. The Crown assumed conduct of the prosecution and directed the clerk of the court to enter a stay of proceedings. The accused applied for certiorari to quash the stay.

The Saskatchewan Court of Queen's Bench dismissed the application.

Criminal Law - Topic 4486

Procedure - Trial - Stay of proceedings - Private prosecution - A convicted accused brought a private prosecution against a Crown witness for perjury, after the Crown, following an investigation, failed to do so - The Crown assumed conduct of the prosecution and directed the clerk of the court to enter a stay - The accused applied for certiorari to quash the stay - The Saskatchewan Court of Queen's Bench affirmed the stay, where there was no evidence to support the allegation that the Attorney General acted improperly or precipitously in ordering a stay or acted in contravention of ss. 7 and 15 of the Charter.

Cases Noticed:

R. v. Harrison, [1976] 3 W.W.R. 536; 8 N.R. 74, refd to. [para. 7].

R. v. McKay, [1979] 4 W.W.R. 90; 5 Sask.R. 214 (C.A.), refd to. [para. 7].

Re Hamilton and The Queen (1986), 30 C.C.C.(3d) 65 (B.C.S.C.), refd to. [para. 17].

Re Baker and The Queen (1986), 26 C.C.C.(3d) 123 (B.C.S.C.), refd to. [para. 17].

Kurolak v. Saskatchewan (Minister of Highways and Transportation) (1986), 48 Sask.R. 92; 28 D.L.R.(4th) 273 (Q.B.), refd to. [para. 18].

R. v. Stoddart (1987), 20 O.A.C. 365; 59 C.R.(3d) 134 (C.A.), refd to. [para. 18].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 15 [paras. 14, 17].

Criminal Code, R.S.C. 1970, c. C-34, sect. 508 [paras. 6, 13].

Rules of Court (Sask.), Queen's Bench Rules, rule 669, rule 671 [para. 12].

Counsel:

A. Hawrish, for the applicant;

G. Mitchell, for the Attorney General of Saskatchewan.

This application was heard before Wright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, whose decision was delivered on April 22, 1988.