On a criminal appeal from Quebec, the Court considered whether the Crown could challenge, within an appeal against acquittal, a trial judge’s pretrial order directing a judge-alone murder trial despite the Crown’s refusal to consent under s. 473(1) of the Criminal Code.
The Court held that the appellate court had jurisdiction to hear that legal challenge, but erred by treating the refusal as reviewable only for abuse of process and by nullifying the trial.
The majority held that the refusal did not fall within core prosecutorial discretion and that, in any event, a tailored s. 24(1) Charter remedy was available because the trial judge had found a probable future s. 11(b) delay breach in pandemic conditions.
The appeal was allowed, the new-trial order was quashed, and the matter was remanded for determination of unresolved Crown grounds of appeal.
