R. v. Mercer (J.R.), (2016) 376 N.S.R.(2d) 355 (PC)

JudgeWilliston, P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateAugust 22, 2016
JurisdictionNova Scotia
Citations(2016), 376 N.S.R.(2d) 355 (PC);2016 NSPC 48

R. v. Mercer (J.R.) (2016), 376 N.S.R.(2d) 355 (PC);

    1185 A.P.R. 355

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. AU.031

Her Majesty The Queen v. John Russell Mercer

(2906851; 2016 NSPC 48)

Indexed As: R. v. Mercer (J.R.)

Nova Scotia Provincial Court

Williston, P.C.J.

August 22, 2016.

Summary:

The 73 year old accused was charged with communicating with an female undercover police officer for the purpose of obtaining sexual services (Criminal Code, s. 286.1(1)). The accused argued that using an undercover officer to pose as a prostitute and holding a press conference that publicly shamed the accused and 26 other men charged by stating their names, ages and addresses, constituted an abuse of process (Charter, s. 7) that warranted a stay of proceedings (s. 24(1)).

The Nova Scotia Provincial Court dismissed the application. The police use of undercover officers and the press conference did not constitute an abuse of process. In any event, this was not one of those clearest of cases where a stay of proceedings would have been granted.

Civil Rights - Topic 3157

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to a just and fair trial - [See Civil Rights - Topic 3157.4 ].

Civil Rights - Topic 3157.4

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Abuse of process - The 73 year old accused was charged with communicating with an female undercover police officer for the purpose of obtaining sexual services (Criminal Code, s. 286.1(1)) - The accused argued that using an undercover officer to pose as a prostitute and holding a press conference that publicly shamed the accused and 26 other men charged by stating their names, ages and addresses, constituted an abuse of process (Charter, s. 7) that warranted a stay of proceedings (s. 24(1)) - The Nova Scotia Provincial Court dismissed the application - The use of undercover officers and the press conference did not constitute an abuse of process - The police conduct was not so egregious that it would shock the conscience of the community and demand that the court not lend its process to a prosecution flowing from such conduct - The police were attempting to protect vulnerable sex trade workers from potentially violent "johns" - Although the workers were cooperative with the police, who treated the workers as victims and offered strategies and information respecting treatment programs for addictions, mental health and abuse, the workers were unwilling to testify against the johns for fear of retaliation - The use of undercover officers was thus necessary - As for the press conference, the information was limited to what was already accessible to the media and public in the information before the court - The accused's fair trial rights were not jeopardized - In any event, this was not one of those clearest of cases where a stay of proceedings would have been granted.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3157.4 ].

Police - Topic 3106

Powers - Investigation - Stratagem and subterfuge (incl. trickery) - [See Civil Rights - Topic 3157.4 ].

Counsel:

Andre Arseneau, for the Crown;

T.J. McKeough and Nash Brogan, for the accused.

This application was heard at Sydney, N.S., before Williston, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on August 22, 2016.

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3 practice notes
  • Notes
    • Canada
    • Irwin Books Canadian Policing. Why and How It Must Change
    • 14 Marzo 2022
    ...32 Canada (Attorney General) v Bedford, 2013 SCC 72. 244 | Canadian PoliCing: Why and hoW it Must Change 33 R v Mercer, 2016 NSPC 48 (no Charter violation); R v Mercer, 2017 NSPC 3 (no entrapment). 34 R v Mercer, 2017 NSPC 20. 35 Statistics Canada, “Crimes Related to the Sex Trade: Before a......
  • Post-Bedford: Judicial Variance in Applying Canada's New Sex Work Regime.
    • Canada
    • Queen's Law Journal Vol. 47 No. 2, March 2022
    • 22 Marzo 2022
    ...3. (133.) See ii. Entrapment, below. (134.) See R v Baxter, 2019 NSPC 8; R v Rouse, 2017 NSSC 292; R v Eftekhar, supra note 126. (135.) 2016 NSPC 48. (136.) See ibid at para (137.) Ibid at para 24. (138.) See ibid at paras 5-14. (139.) See ibid at para 41. (140.) See R v Faroughi, 2020 ONSC......
  • The Good Governance of Empirical Evidence About Prostitution, Sex Work, and Sex Trafficking in Constitutional Litigation.
    • Canada
    • 22 Marzo 2021
    ...municipal jurisdiction, and police forces have taken different approaches to enforcement of the new criminal laws. See e.g. R v Mercer, 2016 NSPC 48 at paras 11--19 (for a discussion of Operation John Be Gone in Cape Breton); McCann, Akin & Airth, supra note 39; VPDOnline, supra note 39......
3 books & journal articles
  • Notes
    • Canada
    • Irwin Books Canadian Policing. Why and How It Must Change
    • 14 Marzo 2022
    ...32 Canada (Attorney General) v Bedford, 2013 SCC 72. 244 | Canadian PoliCing: Why and hoW it Must Change 33 R v Mercer, 2016 NSPC 48 (no Charter violation); R v Mercer, 2017 NSPC 3 (no entrapment). 34 R v Mercer, 2017 NSPC 20. 35 Statistics Canada, “Crimes Related to the Sex Trade: Before a......
  • Post-Bedford: Judicial Variance in Applying Canada's New Sex Work Regime.
    • Canada
    • Queen's Law Journal Vol. 47 No. 2, March 2022
    • 22 Marzo 2022
    ...3. (133.) See ii. Entrapment, below. (134.) See R v Baxter, 2019 NSPC 8; R v Rouse, 2017 NSSC 292; R v Eftekhar, supra note 126. (135.) 2016 NSPC 48. (136.) See ibid at para (137.) Ibid at para 24. (138.) See ibid at paras 5-14. (139.) See ibid at para 41. (140.) See R v Faroughi, 2020 ONSC......
  • The Good Governance of Empirical Evidence About Prostitution, Sex Work, and Sex Trafficking in Constitutional Litigation.
    • Canada
    • 22 Marzo 2021
    ...municipal jurisdiction, and police forces have taken different approaches to enforcement of the new criminal laws. See e.g. R v Mercer, 2016 NSPC 48 at paras 11--19 (for a discussion of Operation John Be Gone in Cape Breton); McCann, Akin & Airth, supra note 39; VPDOnline, supra note 39......

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