Supreme Court

Decision Information

Decision Content

                               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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