nan Q.B. A.D. 1994 No. 478 J.C. S. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF SASKATOON BETWEEN: JOHN DAVID LUCAS and JOHANNA ERNA LUCAS and HER MAJESTY THE QUEEN, THE MINISTER OF JUSTICE FOR SASKATCHEWAN and THE MINISTER OF JUSTICE CANADA RESPONDENTS AND Q.B. A.D. 1994 No. 479 J.C. S. IN THE QUEEN'S BENCH JUDICIAL CENTRE OF SASKATOON BETWEEN: JOHN DAVID LUCAS and JOHANNA ERNA LUCAS and HER MAJESTY THE QUEEN RESPONDENTS R. Parker for the applicants W. K. Tucker, Q.C. for the Crown FIAT BARCLAY J. April 14, 1994 John David Lucas ("Lucas") has applied to quash theorder of Judge Albert Lavoie made at a preliminary hearing onFebruary 8, 1994 in the Provincial Court in Saskatoon,Saskatchewan, committing him to stand trial on a charge thathe committed a defamatory libel against [rank] [Police Officer]of the Q. City Police contrary to ss. 300 and 301 ofthe Criminal Code. The grounds of the application may be summarized as 1. Judge Albert Lavoie was biased. 2. Lucas did not receive proper disclosure from the prosecutor. In my view there is no merit to either of these grounds. I have read the preliminary and there is not ascintilla of evidence to suggest that either the ProvincialCourt judge was biased or that there was an apprehension ofbias. As to the complaint about disclosure Lucas appears toadmit that he received full disclosure with respect to thedefamatory libel charge and that his complaint is with respectto an ongoing investigation of another potential offence. Furthermore, in an application to quash committal for trial there is only one ground for action by the reviewing court and that is lack of jurisdiction. See Dubois v. R. (1986), 1986 CanLII 60 (SCC), 25 C.C.C. (3d) 221. This application stands dismissed. Lucas also applies for an order quashing certainconditions of a recognizance issued at the preliminary hearingof February 7, 1994, which conditions are as follows: A) PICKETING OF ANY KIND OR CARRYING PLACARDS OR POSTERS OF ANY KIND OR IN ANY MANNER PUBLICALLY COMMENTING IN ANY CASES OR INVESTIGATIONS INVOLVING CHILD SEXUAL ABUSE; B) CREATING ANY PLACARD, POSTER OR SIGN INSIDE OR OUTSIDE THE RESIDENCE OF THE ACCUSED OR ACCOMPANYING ANY PERSON CARRYING OR PICKETING WITH ANY POSTER, PLACARD OR SIGN COMMENTING ON ANY CASES OR INVESTIGATIONS INVOLVING CHILD SEXUAL ABUSE; C) PUBLIC COMMENT ON ANY CASES OR INVESTIGATIONS INVOLVING CHILD SEXUAL ABUSE OR CREATING ANY DOCUMENT FOR THE PURPOSE OF ASSISTING ANY OTHER PERSON TO PUBLICALLY COMMENT OR (SIC) CASES OR INVESTIGATIONS INVOLVING CHILD SEXUAL ABUSE; D) PERMITTING OR ALLOWING ANY PERSON TO USE ANY FAX MACHINE, WORD PROCESSOR, OR TYPEWRITER OR ANY ARTICLE IN THE HOUSE OF THE ACCUSED TO PRODUCE ANY DOCUMENTS, SIGN, PLACARD OR POSTER FOR THE PURPOSES OF PUBLICALLY COMMENTING ON CASES OR INVESTIGATION INVOLVING CHILD SEXUAL ABUSE; E) USE BY THE ACCUSED OR ANYONE ELSE OF THE FACSIMILE TELEPHONE MACHINE IN THE RESIDENCE OF THE ACCUSED TO SEND ANY MESSAGE REFERRING TO CHILD SEXUAL ABUSE CASES EXCEPT FOR THE PURPOSES OF THE ACCUSED COMMUNICATING WITH THE LAWYER OF THE ACCUSED. After reviewing the court proceedings and inparticular the transcript of the bail hearing I am satisfiedthat the conditions imposed by Nutting P.C.J. are justified. The learned Provincial Court judge, after hearing evidence and submissions exercised his discretion. In my view he did notmake an error in law or erred in his application of the factsand it would therefore be improper for this Court tosubstitute my discretion for the discretion exercised by thelearned Provincial Court judge. The application is alsodismissed.
FIAT Application (1)to quash committal to stand trial on a charge of defamatory libel and (2)to quash certain conditions of a recognizance issued at the preliminary hearing. HELD: (1)Application dismissed. The Provincial Court judge was not biased and the accused received full disclosure with respect to the charge. In an application to quash committal for trial there is only one ground for action by the reviewing court and that is lack of jurisdiction. (2)Application dismissed. The conditions imposed by the Provincial Court Judge were justified. He did not err in law or in his application of the facts.