Not exact matches
Justice Archie Campbell saw through the OSC's tactic, noting the defence «has a right to make allegations of
abuse of process and
prosecutorial misconduct» and he refused to kick Hryn off, noting there was a «real basis for the defence concern
about Mr. Naster's failure to appreciate his duty to follow adverse rulings.
When you think
about some of the
prosecutorial abuses in the criminal process even where defendants are represented by counsel, the odds that Stewart could beat his charges at a pro se are very high indeed.
The majority held that decisions
about professional discipline are akin to
prosecutorial discretion, such that errors «must likely approach an
abuse of process to invite judicial intervention» (at para 47).