The appellant was originally charged with indictable offences and elected trial by judge and jury in the Superior Court of Justice.
On the trial date, the Crown re-elected to proceed by summary conviction, and the appellant pleaded guilty before the Superior Court judge.
The appellant appealed the sentence, arguing the sentencing judge lacked jurisdiction.
The Court of Appeal held that while the Crown had the authority to re-elect the mode of proceeding, the Superior Court of Justice is not a summary conviction court and lacked jurisdiction to take the guilty pleas and impose sentence.
The appeal was allowed, the sentence and pleas were quashed, and the matter was remitted to the Ontario Court of Justice.
