SUPREME COURT OF NOVA SCOTIA
Citation: Cummings v. Nova Scotia, 2011 NSSC 324
Date: 20110629
Docket: Hfx No. 350339
Registry: Halifax
Between:
Wanda Cummings
Applicant
v.
Her Majesty the Queen and
The Attorney General of Nova Scotia and
The Attorney General of Canada and
The Halifax Regional Municipality
Respondents
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: June 29, 2011 (in Chambers), in Halifax, Nova Scotia
Decision: June 29, 2011 (Orally)
Written Release
of Decision: August 24, 2011
Subject: Judicial Review - Bars
Confidentiality Orders - Whether order should be granted
Summary: The Applicant filed a Notice for Judicial Review concerning charges currently before the Provincial Court of Nova Scotia.
The Applicant also sought an order sealing all materials filed in the proceeding, a non-publication order and leave to file all materials anonymously.
Issue: 1. Is the matter a proper subject of a Notice for Judicial Review?
2. Should a confidentiality order as requested be granted?
Result: The subject matter of the Notice for Judicial Review deals with charges currently before the Provincial Court and should be dealt with following the provisions of the Criminal Code, the procedures of the Provincial Court, including, if required, the provisions of the Criminal Code as to appeals from the Provincial Court.
This is not the proper subject matter of a Notice for Judicial Review and the Notice for Judicial Review is struck.
There was no evidence justifying granting the type of confidentiality order the Applicant sought.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.