The accused applied for certiorari to quash an order of a provincial court judge directing defence counsel to bring a motion to disqualify Crown counsel after the defence indicated it intended to call the prosecutor as a witness at a preliminary hearing.
The Superior Court held that the Ontario Court of Justice judge lacked jurisdiction when making the order because he was sitting in remand court and not acting as a preliminary hearing judge, trial judge, or case management judge.
The court further found that the order denied the accused procedural fairness and interfered with the right to make full answer and defence by preventing the accused from seeking a subpoena for opposing counsel.
The order was therefore beyond jurisdiction and contrary to principles of natural justice.
