The Crown brought an application seeking to terminate a preliminary inquiry that had commenced on September 18, 2019, arguing that amendments to Section 535 of the Criminal Code (Bill C-75), which came into effect on September 19, 2019, eliminated the jurisdiction of the court to conduct preliminary inquiries where the maximum punishment is under 14 years of imprisonment.
The Crown had withdrawn a Section 244 charge (punishable by 14 years or more), leaving only offences with maximum sentences under 14 years.
The court denied the Crown's application, finding that the legislation should not apply retrospectively to proceedings already commenced.
