R. v. Ryz (L.M.J.), (2003) 416 A.R. 19 (PC)

• Judge: Bridges, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: November 25, 2003
• Citations: (2003), 416 A.R. 19 (PC);2003 ABPC 207

R. v. Ryz (L.M.J.) (2003), 416 A.R. 19 (PC)

MLB headnote and full text

Temp. Cite: [2004] A.R. TBEd. JA.099

Her Majesty the Queen v. Lorne Murray Jack Ryz (016703951P10101-0116; 2003 ABPC 207)

Indexed As: R. v. Ryz (L.M.J.)

Alberta Provincial Court

Bridges, P.C.J.

November 25, 2003.

Summary:

The accused was charged with 16 counts of fraud. The accused applied for an adjournment of the preliminary inquiry on the ground that there remained critical outstanding Crown disclosure and outstanding materials from the accused's former counsel and as a result, the accused was unable to make full answer and defence.

The Alberta Provincial Court dismissed the application.

Criminal Law - Topic 3527

Preliminary inquiry - Jurisdiction - Charter issues - The accused was charged with 16 counts of fraud - The accused applied for an adjournment of the preliminary inquiry on the ground that there remained critical outstanding Crown disclosure and outstanding materials from the accused's former counsel and as a result, the accused was unable to make full answer and defence - The Alberta Provincial Court dismissed the application - The accused's assertions were based on alleged breaches of his Charter rights to full disclosure - The court did not have jurisdiction to make a ruling on those alleged breaches of the Charter - Further, the court was satisfied that the Crown was ready to proceed and the Crown had made a substantial amount of documents available, even if some of the photocopied materials were provided a short time before the preliminary inquiry.

Criminal Law - Topic 3703

Preliminary inquiry - Procedure - Adjournments - [See Criminal Law - Topic 3527 ].

Cases Noticed:

R. v. Girimonte (F.) (1997), 105 O.A.C. 337; 121 C.C.C.(3d) 33 (C.A.), refd to. [para. 7].

R. v. Skogman (1984), 54 N.R. 34; 13 C.C.C.(3d) 161 (S.C.C.), refd to. [para. 8].

R. v. Pearson (1957), 117 C.C.C. 249 (Alta. C.A.), refd to. [para. 10].

R. v. Ferrero (1981), 29 A.R. 469; 59 C.C.C.(2d) 93 (C.A.), refd to. [para. 10].

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. 12].

Authors and Works Noticed:

Martin's Annual Criminal Code (2004), p. 971, s. 537 [para. 13].

Counsel:

T. Beattie, for the Crown;

T. White, for the Defence.

This application was heard on November 25, 2003, by Bridges, P.C.J., of the Alberta Provincial Court, who delivered the following reasons for decision on November 25, 2003.