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Top court may be asked to rule on ‘abuse of process’ exception

Thursday, July 09, 2015 @ 8:00 PM | By Cristin Schmitz

The Supreme Court could soon be asked to determine whether privileged communications between Crown counsel and police may be disclosed to the defence in support of a claim of abuse of process.

After a recent Court of Appeal decision in R. v. Rutigliano [2015] O.J. No. 3273, Mike Rutigliano’s counsel were waiting to hear whether the provincial Crown will proceed to trial with fraud, giving secret commissions and weapons charges against the former Ontario Provincial Police sergeant whose prosecution was judicially stayed in 2013.

The Crown...