The accused was charged with sexual assault and choking.
On the eve of the preliminary hearing, the Crown withdrew the choking charge, disentitling the accused to a preliminary hearing.
The accused sought to re-elect to a judge-alone trial in Provincial Court, but the Crown refused consent unless the accused waived his s. 11(b) Charter rights.
The accused brought an abuse of process motion.
The court found the Crown's conduct fell outside core prosecutorial discretion and was not fair and objective, amounting to an abuse of process under s. 7 of the Charter.
The court granted the motion, allowing the accused to re-elect without conditions.