SUPREME COURT OF NOVA SCOTIA
Citation: Toomey v. Nova Scotia (Attorney General), 2011 NSSC 374
Date:12/10/2011
Docket: Pic. 329510
Registry: Pictou
Between:
Graham Toomey
Appellant
v.
The Attorney General of Nova Scotia
The Attorney General of Canada
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Patrick J. Murray
Heard: April 13th, 2011, Nova Scotia
Sydney, Nova Scotia
Written Decision: October 13, 2011
Counsel: Kevin A. Burke, Q.C., for the Appellant
Charles Broderick, for the Attorney General of Nova Scotia
Wayne MacMillan, for the Attorney General of Canada
Subject: Appeal from convictions for illegal tobacco contrary to Sections 32 and 216 of the Excise Act, 2001, and Sections 39(1)(b) and 85 of the provincial Revenue Act and associated regulations.
Summary: Appeal from decision on the grounds that the trial judge failed to give Vetrovec warning.
Issue: Whether trial judge was required to provide Vetrovec warning and if so, whether error curable under Section 686(1)(b)(iii) of the Criminal Code?
.
Result: Appeal dismissed. Warning not required in trial before a Judge alone. R v Johnson and R v. Snyder 2011 ONCA 445 refer to. Trial judge addressed Vetrovec issues in determining crown witness to be trustworthy. Trial judge found there was evidence to corroborate Crown witness’ testimony.
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