Gary McHale has filed papers with the Supreme Court of Canada seeking leave to appeal his May 17/10 victory at the Court of Appeal for Ontario over the Crown which had appealed his McHale v. R., 2009 win in Superior Court before Justice Marshall (now deceased).
It may seem strange to appeal one’s own victory, but the Court of Appeal ruling was rather a strange one indeed; while it ruled the Crown did not have the right to dismiss the charges McHale sought to lay against government officials before the evidence was heard by the justice of the peace, it ruled that the Criminal Code said nothing about the Crown not having the right to stay charges before evidence was heard. […]
Read the rest of the story and review related court documents here:
- Caledonia Victims Project, Aug 26/10: McHale asks Supreme Court to hear arguments on Crown’s right to stop private prosecutions
Founder, Caledonia Victims Project