The applicant, facing terrorism charges, elected to be tried in the provincial court.
The Director of Public Prosecutions subsequently preferred a direct indictment under s. 577 of the Criminal Code, moving the trial to the Superior Court.
The applicant sought certiorari to quash the indictment, arguing that s. 577 does not apply to an accused who elected a provincial court trial and that overriding his election violated his s. 7 Charter rights.
The Superior Court dismissed the application, holding that s. 577 broadly permits direct indictments regardless of the accused's election, and that there is no constitutional right to a trial by a judge alone in a specific court.
