R. v. Haevischer
His Majesty the King
Law Firm / Organization
Not Specified
Matthew James Johnston
Law Firm / Organization
Martland & Saulnier
Law Firm / Organization
Desbarats Law Corporation
Lawyer(s)

Jonathan Desbarats

Law Firm / Organization
Pringle Chivers Sparks Teskey
Lawyer(s)

Daniel J. Song

Cody Rae Haevischer
Law Firm / Organization
Buck & Dlab, Law
Lawyer(s)

Simon R. Buck

Law Firm / Organization
Dagmar Dlab Barristers and Solicitors
Lawyer(s)

Dagmar Dlab

Law Firm / Organization
Thirkell & Company
Lawyer(s)

Roger P. Thirkell

Director of Public Prosecutions
Law Firm / Organization
Not Specified
Attorney General of Ontario
Law Firm / Organization
Armstrong Teasdale LLP
Lawyer(s)

Katie Doherty

Criminal Lawyers’ Association of Ontario
Independent Criminal Defence Advocacy Society
Criminal Trial Lawyers’ Association
Law Firm / Organization
Purser Law
Lawyer(s)

Stacey M. Purser

Law Firm / Organization
DDSG Criminal Law
Lawyer(s)

Graham Johnson

Trial Lawyers Association of British Columbia
Law Firm / Organization
Peck and Company
Lawyer(s)

Tony C. Paisana

Canadian Civil Liberties Association
Law Firm / Organization
McCarthy Tétrault LLP
  • Facts: Cody Rae Haevischer and Matthew James Johnston were convicted of six counts of first-degree murder and one count of conspiracy to commit murder related to the 2007 "Surrey Six" case. They applied for stays of proceedings, alleging abuse of process due to police misconduct and inhumane confinement conditions.
  • Issues: The core issue was whether their applications for stays of proceedings should have been summarily dismissed without a full evidentiary hearing.
  • Ruling: The Supreme Court held that applications in criminal proceedings, including for stays of proceedings for abuse of process, should only be summarily dismissed if they are "manifestly frivolous." The Court found that Haevischer and Johnston's applications were not manifestly frivolous and should not have been summarily dismissed.
  • Amount Awarded: The case concerned the procedural rights of the accused and the standards for summary dismissal of applications in criminal law, without monetary awards.
Supreme Court of Canada
39635
Criminal law
Respondent