The Crown brought a motion to vacate a preliminary inquiry scheduled for October 1, 2019, and to require the defendant to re-elect pursuant to amended Criminal Code provisions that came into force on September 19, 2019.
Bill C-75 fundamentally changed the preliminary inquiry regime by restricting preliminary inquiries to offences punishable by 14 years or more of imprisonment.
The defendant's offences did not meet this threshold.
The central issue was whether the new amendments applied retrospectively to cases already in progress or only prospectively to future cases.
The court held that the presumption against retrospective application applies, that the amendments affect substantive rights (the right to a preliminary inquiry and the right to elect), and that there was no clear legislative intent to rebut this presumption.
The Crown's motion was dismissed.