The Crown brought an application to vacate the preliminary inquiry date and remand the accused to Superior Court following amendments to the Criminal Code effective September 19, 2019, which restricted preliminary inquiries to offences carrying a maximum sentence of fourteen years or more.
The accused had elected for trial by judge and jury with a preliminary inquiry prior to the amendments coming into force.
The court considered whether the amendments applied retrospectively to cases already in the system.
The court found that a Superior Court decision on a prerogative writ application (R. v. R.S., 2019 ONSC 5497) was binding authority establishing that the amendments applied retrospectively as procedural changes affecting court jurisdiction.
The Crown's application was allowed, the preliminary inquiry was vacated, and the accused was given the opportunity to re-elect pursuant to section 536(2.1) of the Criminal Code.
