3531-109456-1 —— INFORMATION

INFORMATION BY TELECOMMUNICATION THAT PRODUCES A WRITING

CANADA: PROVINCE OF BRITISH COLUMBIA

In the Provincial Court of British Columbia

This is the information of Linda Wong, a Court Liaison Officer (the "informant") of Port Moody, British Columbia submitted before a justice by telecommunication that produces a writing.

The information says that he/she has reasonable and probable grounds to believe and does believe that:

Count 1

Rick Glumac has reasonable grounds to fear and does fear that Daniel John BERLADYN will cause personal injury to him, by virtue of an incident that occured from the 8th day of March, 2023 to the 10th day of March, 2023, inclusive, at or near Port Moody, in the Province of British Columbia, pursuant to Section 810(1)(a) of the Criminal Code.

Count 2

Desere Kazulin has reasonable grounds to fear and does fear that Daniel John BERLADYN will cause personal injury to her, by virtue of an incident that occured from the 4th day of March, 2023 to the 10th day of March, 2023, inclusive, at or near Port Moody, in the Province of British Columbia, pursuant to Section 810(1)(a) of the Criminal Code.

Pursuant to Section 508.1(2) of the Criminal Code and / or Section 13.1 of the Offence Act (British Columbia) the Informant states that all matters contained in this information are true to my knowledge and belief.

Dated: April 28, 2023
at: Port Moody, British Columbia

Crown Initial Sentencing Position

There is NO risk of jail, including house arrest.

Crown Prosecutor: Lori Ashton
Date: April 24, 2023

McNeil Disclosure

Summary of R v McNeil

The Court in McNeil found that the police and other investigating agencies must disclose to the prosecuting Crown, as first party disclosure material, findings of serious misconduct by police officers involved in the investigation of the accused. This information may be relevant to their credibility and reliability. Not all such information will necessarily be given to the defence. Crown counsel must perform a gatekeeper role in reviewing this material and withholding or redacting information that is irrelevant or privileged. The gatekeeper function requires that the Crown conduct a "“studied analysis”" to determine relevance. In the end, if the material has no realistic bearing on the credibility or reliability of the person involved in the investigation, it should not be disclosed to the defence. In addition, where a prosecutor is put on notice or informed of the existence of information potentially relevant to an accused’s case that is held by a Crown entity (or other third party), the prosecutor has a duty to inquire and obtain the information if it is reasonably feasible to do so. The Court recognized that the Crown is not obliged to make such inquiries if the notice appears unfounded. Moreover, defence still retains the ability to seek the information via an O’Connor application.
https://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg/fps-sfp/tpd/p2/ch12.html