The accused was charged with sexual assault alleged to have occurred on an aircraft in flight from Minneapolis to Toronto.
The Crown sought to ground jurisdiction under section 7(1)(b) of the Criminal Code.
During trial, after the complainant's evidence was completed, the court raised a jurisdictional issue regarding the accused's citizenship status.
Upon inquiry, it was discovered that the accused was a permanent resident of Canada, not a Canadian citizen.
Section 7(7) of the Criminal Code requires that consent of the Attorney General of Canada be obtained within eight days of commencement of proceedings when the accused is not a Canadian citizen.
No such consent was obtained.
The Crown conceded lack of jurisdiction.
The court found the proceedings to be a nullity and endorsed the information accordingly.
