The appellant elected to be tried by judge and jury for a narcotics offence but failed to appear for jury selection and the commencement of his trial.
The trial judge ruled that under s. 526.1 of the Criminal Code, the appellant lost his right to a jury trial because he did not have a legitimate excuse for his absence.
The appellant was convicted by a judge alone.
He appealed, arguing that s. 526.1 violated his right to a jury trial under s. 11(f) of the Charter.
The Supreme Court of Canada dismissed the appeal.
The majority held that while s. 526.1 infringes s. 11(f), it is a reasonable limit demonstrably justified under s. 1 of the Charter because it protects the administration of justice and public respect for the criminal trial process.
