The accused sought to re-elect trial mode from the Ontario Court of Justice to the Ontario Superior Court of Justice following an adverse severance application decision.
The Crown opposed the re-election, arguing that the trial had already commenced with the severance hearing and therefore re-election required Crown consent.
The court held that once a seized trial judge begins to receive evidence on a severance application, the trial is underway for purposes of Criminal Code section 561(2), and the right to re-elect without consent expires 14 days before that point.
The re-election application was denied.
