The applicant, facing human trafficking charges, brought an abuse of process application after the Crown preferred a direct indictment.
The direct indictment was sought shortly after a preliminary inquiry judge granted the defence's request to cross-examine the complainant at the upcoming preliminary inquiry.
The applicant argued this was an improper circumvention of a judicial order.
The Superior Court found that while the Crown's stated rationale regarding delay was unmeritorious and its true intention was to avoid having the complainant testify twice, the Crown acted within its statutory authority under s. 577 of the Criminal Code.
The court concluded the conduct did not rise to the level of flagrant impropriety required for an abuse of process, and dismissed the application.
