The Crown brought an application for certiorari to quash a decision of the Ontario Court of Justice, which held that it lacked jurisdiction to appoint state-funded counsel for a complainant in sexual offence pretrial proceedings.
The Superior Court of Justice found that the lower court committed a jurisdictional error.
The Court held that statutory courts possess inherent procedural jurisdiction by necessary implication to appoint counsel for complainants to ensure proceedings are administered justly and fairly.
The application for certiorari was granted and the lower court decision was quashed.
