The accused brought an application seeking permission to elect or re-elect trial in the Ontario Court after having previously elected trial in the Superior Court with a preliminary hearing.
The court held that re-election to trial before a provincial court judge required the written consent of the prosecutor under s. 561 of the Criminal Code, and that no such consent had been given.
The court further held that a preliminary hearing judge lacked jurisdiction to grant Charter relief reviewing Crown discretion and had no authority to grant equitable relief.
Applying the summary dismissal standard, the court found the application manifestly frivolous because the requested remedy was legally unavailable and summarily dismissed it.
