The applicant was convicted of sexual interference and sexual assault but successfully appealed based on ineffective assistance of trial counsel, resulting in an order for a new trial.
The applicant brought an application seeking to return to the pre-election stage to elect a trial by judge and jury and have a preliminary inquiry.
The court granted the application under section 24(1) of the Charter, finding that the lack of adequate legal representation included the initial election process, and denying a re-election would infringe the applicant's rights under sections 7 and 11(f).
