R. v. Rutigliano: When An Appeal Itself Is An Abuse Of Process

The Ontario Court of Appeal's June 22, 2015 decision in R. v. Rutigliano considers when an appeal itself will be an abuse of process. The accused submitted that the Crown, on the facts of this case, had improperly attempted to "short-cut" the appellate process for an interlocutory appeal. The Court held that the appeal was not an abuse of process, as the prosecution can halt a proceeding and immediately appeal an interlocutory order if "compliance with the interlocutory order raises a reasonable prospect of harm to an interest the court deems worthy of protection".

Background

The background facts are important:

• The accused brought an abuse of process motion and sought disclosure of documents over which the Crown asserted solicitor-client privilege.