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Courts - Standing. R. v. Swaine [as intervenor]
In R. v. Swaine (Ont CA, 2025) the Ontario Court of Appeal considered some criminal defendant appellate motions [under CCC 683(1)(a-b) 'Powers of court of appeal' (ordering production of document and witnesses)] "in support of an anticipated fresh evidence application".
Here the court grants intervenor status to the "Office of the Chief Justice of the Superior Court of Justice (the “Office of the Chief Justice”) and the Ontario Superior Court Judges’ Association (the “OSCJA”)" as there were "issues raised in relation to judicial immunity/privilege":[1] These reasons address the outstanding issues in the motion brought by the respondent, Mr. Swaine, seeking various orders pursuant to ss. 683(1)(a) and (b) of the Criminal Code, R.S.C. 1985, c. C-46, in support of an anticipated fresh evidence application. The factual background to the motion is set out in the court’s previous decisions of February 18, 2025 and June 27, 2025: R. v. Swaine, 2025 ONCA 117, at paras. 2-7; R. v. Swaine, 2025 ONCA 471. Because of the issues raised in relation to judicial immunity/privilege, the court granted leave to intervene to the Office of the Chief Justice of the Superior Court of Justice (the “Office of the Chief Justice”) and the Ontario Superior Court Judges’ Association (the “OSCJA”): R. v. Swaine, 2025 ONCA 313.
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