Thursday, March 27, 2008 11:20 am
Hearing: 10am @ Osgoode Hall, 130 Queen Street West
The crown required further affidavit material rejecting the affidavit of Ryan Kidd and demanding further testimony of the same things that were provided in his affidavit.
It was not practicable to produce an affidavit from Bruce on Tuesday with sufficient time to allow two clear days notice with the four day weekend at Easter in between. Therefore the hearing on Thursday, March 27th had to be adjourned until April 11, 2008 when further affidavit material can be provided.
These technical demands, though actually unnecessary in this case, were at the insistance of the crown, and technically required by Rule 32.1 of the Criminal Appeal Rules of Ontario. A surety is also now being required though there was no breach in 3.5 years of the terms of his own recognizance. Efforts are being made to arrange a surety in the Dryden area. A new affidavit from Bruce will also be required.
The efforts thus far have been both costly and time consuming and, in the opinion of the defence, formalistic and overly technical, since 3.5 years of lawful bail prior to trial and the substance of the significant appeal are both well known to the crown.
Madam Justice Simmons indicated she would be willing to hear the bail application by telephone to save Mr. Christie a further trip to Toronto from Victoria. It is hoped that this can be arranged but Mr. Christie has made himself available for April 11, 2008 with new affidavit material being prepared, served and filed in the mean time.
All of this is costly, exasperating, and frustrating in an appeal such as this.
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