The appellants, charged with murder in Ontario, sought to waive their right to a jury trial and be tried by a judge alone.
The Criminal Code required a jury trial for murder in all provinces except Alberta.
The Supreme Court of Canada held that while an accused can waive the benefit of a jury trial under s. 11(f) of the Charter, this does not create a constitutional right to a non-jury trial that overrides the Criminal Code.
The Court also held that the geographic distinction allowing non-jury trials only in Alberta did not violate s. 15 of the Charter, as persons accused of murder outside Alberta do not constitute a disadvantaged group subject to discrimination.
