Thursday, February 11, 2010

Feb 11 Court Adjourned to March 11 for Disclosure

OTTAWA (Feb 11, 2010) The February 11 court appearance was merely arranged to give both parties an opportunity to speak to the judge about the status of the case. This was done because at the time we had entered into discussions for possible resolution with the intent of having the Society's and Barbara MacKinnon's counsel draft a proposed agreement on how the matter could be resolved.

However, before the Society submitted a written draft proposal, and after February 11th, Dunn became aware of the fact that the Ministry of Children and Youth Services would not proceed with an investigation into the Society violating section 15 (3)(g) of the Child and Family Services Act and section 22 of their annual funding and service contract with the Ministry unless a conviction is entered in the court which confirms they actually contravened the Corporations Act.

Consequently, a resolution could not be reached. It was after this that Counsel for the Society and MacKinnon contacted the Crown to ask if the Crown would intervene and 'stay' (permanently put on hold / terminate) the charges based on their allegation that the private prosecution, or "Charges" were being initiated through an "abuse of process" by the private prosecutor, Dunn.

The Crown responded stating that she was not going to intervene on behalf of either party leaving it up to Dunn to prosecute the matter as is his right.

John Dunn has arranged a judicial pre-trial to determine the extend of disclosure required by the defence based on the fact that the Society is requesting full disclosure as is their right and Dunn would like a justice of the peace to determine exactly what is required for the trial.

See update regarding Pre-Trial here

The next court appearance is set for March 11, 2010 at 1:30 in court room 102 at 100 Constellation Crescent "to be spoken to" where we will hopefully be able to set a trial date.

No comments:

Post a Comment