The Crown brought applications to quash preliminary inquiry requests made by defendants before new provisions limiting preliminary inquiries came into effect on September 19, 2019.
The new provisions restrict preliminary inquiries to cases where the maximum penalty is at least 14 years imprisonment.
The defendants faced indictable offences with maximum penalties less than 14 years.
The court considered whether the new section 535 of the Criminal Code applied retrospectively to eliminate jurisdiction over previously valid preliminary inquiry requests.
The Crown argued the amendments were purely procedural and applied retrospectively.
The defence argued the court retained jurisdiction over validly requested inquiries.
The court found itself bound by a Superior Court decision granting the Crown's certiorari application in a related case and allowed the Crown's applications, finding the defendants' preliminary inquiry requests to be of no force and effect.
