The Crown applied to vacate the preliminary hearing of N.J. and sought a ruling that Niyazi Rasidoff was not entitled to a preliminary hearing.
Both accused were charged with sexual assault, which carries a maximum sentence of 10 years imprisonment.
They had requested preliminary hearings before September 19, 2019, when amendments to the Criminal Code came into effect, restricting preliminary hearings to offences carrying potential imprisonment of 14 years or more.
The court considered whether the amendments applied retrospectively or prospectively and was bound by the Superior Court decision in R. v. R.S., which held the amendments were procedural and applied retrospectively.
The court vacated N.J.'s preliminary hearing and ruled that Rasidoff was not entitled to one.
