The appellant was originally charged with sexual assault for acts committed before the offence of sexual assault was enacted.
After a preliminary inquiry and committal for trial, the error was discovered.
The Crown immediately preferred a new indictment for indecent assault, which was the correct charge at the time of the offences.
The appellant argued the new indictment required the Attorney General's personal consent under s. 577 of the Criminal Code because the preliminary inquiry on the non-existent charge was a nullity.
The Supreme Court of Canada dismissed the appeal, holding that the error in the original indictment was voidable, not void, and the preliminary inquiry provided a valid foundation for the new indictment under s. 574(1).
