R. v. McCormick (D.W.), (2012) 319 N.S.R.(2d) 17 (SC)

• Judge: Moir, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 14, 2012
• Jurisdiction: Nova Scotia
• Citations: (2012), 319 N.S.R.(2d) 17 (SC);2012 NSSC 288

R. v. McCormick (D.W.) (2012), 319 N.S.R.(2d) 17 (SC);

    1010 A.P.R. 17

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. JL.075

Her Majesty the Queen v. Daren Wayne McCormick

(CR. Am. 348864; 2012 NSSC 288)

Indexed As: R. v. McCormick (D.W.)

Nova Scotia Supreme Court

Moir, J.

March 14, 2012.

Summary:

A jury convicted the accused of uttering a threat to kill police officers and four firearm offences arising out of his arrest, including possession of a loaded restricted firearm. The accused was part of a group with an interest in promoting cannabis as medically beneficial and also associated with a social movement called "Freeman-on-the-Land", which asserted the right to unilaterally decide not to be bound by the laws of the state (e.g., right to carry weapons). The accused sought a stay of proceedings under s. 24(1) of the Charter on the grounds that, inter alia, it was an abuse of process (Charter, s. 7) for the police and prosecution to target him because of his involvement with the group.

The Nova Scotia Supreme Court dismissed the application. There was no police or prosecutorial abuse of process in charging the accused with the offences for which he was convicted. The state had the right and duty to enforce the law. The accused could not, because of his beliefs, determine that he would not be bound by the laws.

Criminal Law - Topic 253

General principles - Abuse of process - What constitutes - A jury convicted the accused of uttering a threat to kill police officers and four firearm offences arising out of his arrest, including possession of a loaded restricted firearm - The accused was part of a group with an interest in promoting cannabis as medically beneficial and also associated with a social movement called "Freeman-on-the-Land", which asserted the right to unilaterally decide not to be bound by the laws of the state (e.g., right to carry weapons) - The accused sought a stay of proceedings under s. 24(1) of the Charter on the grounds that, inter alia, it was an abuse of process (Charter, s. 7) for the police and prosecution to target him because of his involvement with the group - The Nova Scotia Supreme Court dismissed the application - There was no police or prosecutorial abuse of process in charging the accused with the offences for which he was convicted - The state had the right and duty to enforce the law - The accused could not, because of his beliefs, determine that he would not be bound by the laws.

Cases Noticed:

R. v. Pearson (E.) (1998), 233 N.R. 367 (S.C.C.), refd to. [para. 4].

R. v. Regan (G.A.) (2002), 282 N.R. 1; 201 N.S.R.(2d) 63; 629 A.P.R. 63; 2002 SCC 12, dist. [para. 48].

R. v. Perfect (R.T.) (2001), 190 N.S.R.(2d) 37; 594 A.P.R. 37 (Prov. Ct.), refd to. [para. 49].

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161, refd to. [para. 54].

R. v. O'Connor (H.P.), [1995] 4 S.C.R. 411; 191 N.R. 1; 68 B.C.A.C. 1; 112 W.A.C. 1, refd to. [para. 54].

R. v. McNeil (L.), [2009] 1 S.C.R. 66; 383 N.R. 1; 246 O.A.C. 154, refd to. [para. 54].

R. v. Melvin (C.P.) et al. (2009), 281 N.S.R.(2d) 42; 893 A.P.R. 42 (S.C.), refd to. [para. 54].

Counsel:

Bruce Baxter, for the Crown;

Daren McCormick, on his own behalf.

This application was heard on March 12-14, 2012, at Amherst, N.S., before Moir, J., of the Nova Scotia Supreme Court, whose oral decision of March 14, 2012, was released in writing on July 31, 2012.