The applicant, G.H., sought to re-elect his mode of trial from the Ontario Court of Justice to the Superior Court of Justice with a judge and jury, asserting a right to do so under s. 561(2) of the Criminal Code, or alternatively, requesting a transfer under s. 555(1).
The Crown opposed, arguing the trial had already commenced for the purposes of s. 561(2) due to substantive pre-trial applications (s. 278.4 and s. 714.2 hearings).
The court dismissed the application, finding that the trial had commenced with the substantive pre-trial applications, thus G.H. no longer had a right to re-elect without Crown consent.
The court also declined to exercise its discretionary power under s. 555(1), finding no sufficient basis to disrupt proceedings, despite the applicant's concerns about COVID-19 and judicial re-assignment.
