Mr. Lohse was charged with one count of causing unnecessary pain, suffering, or injury to an animal (a cat) contrary to s. 446(1)(a) of the Criminal Code, and with one count of causing or permitting an animal to be or to continue to be in distress, contrary to s. 24(1) of the Prevention of Cruelty to Animals Act.
There were several adjournments of the proceedings, and hearings in which the issue of Crown disclosure arose. On May 26, 2009 the prosecutor had been directed by a judge of the provincial court to be available at 1:30 p.m. by telephone for a trial confirmation hearing. The prosecutor was delayed and was not available at 1:30 p.m. as required. The provincial court judge, on his own motion, stayed the proceedings. The judge did not give Crown Counsel an opportunity to explain his nonappearance or the Crown’s perceived non-compliance with orders previously made. The Crown then appealed the stay. Mr. Justice Melnick, found that the provincial court judge erred and so vacated the stay and remitted the charges to the provincial court for trial.
Mr. Lohse sought leave to appeal the order made September 22, 2009 by Mr. Justice Melnick of the Supreme Court of British Columbia vacating a stay of proceedings ordered by the British Columbia Provincial Court, and remitting the matter to that court for trial.
The Court was not satisfied that the appeal raised a sufficiently important issue of law, or that it has that degree of merit that warrants it being heard. Mr. Lohse application was dismissed.
Source: Case Law
Jurisdiction: British Columbia