The Crown brought an application seeking to vacate preliminary hearing dates scheduled for three separate matters, arguing that amendments to Bill C-75 restricting preliminary inquiries should apply retrospectively to cases where charges were laid before September 19, 2019.
The defendants opposed the application, contending that the amendments should apply prospectively only.
The court considered the retrospectivity of the amendments to sections 535 and 536 of the Criminal Code and ultimately followed the authoritative decision of Justice Thomas in R. v. R.S., 2019 ONSC 5497, holding that the amendments are procedural in nature and do apply retrospectively.
Consequently, the preliminary hearings were vacated as the offences charged no longer qualified for a preliminary inquiry under the new legislation.
