I wrote about the case of R v Gill, 2011 ONSC 1145 in Mack's Criminal Law Bulletin and have blogged about it on two occasions: Exercising, or is it excising, Crown discretion; Protecting the Quasi-Judicial Function of the Crown. That case was argued before the Ontario Court of Appeal on Thursday. We will see if they agree with my conclusion:
The decision by the Crown to file notice is one that goes to the nature and extent of the prosecution; such discretion, therefore, should only be reviewable in accordance with the principles in R v Power, [1994] 1 SCR 601.
DG Mack