Leo Salloum

The accused, charged with manslaughter alongside two co-accused, applied for an adjournment of the trial to find more experienced counsel after his counsel of choice was removed from the record due to medical issues and a change of venue.

He also applied for severance from his co-accused, offering to waive his s. 11(b) Charter rights.

The court dismissed the applications, finding that the accused had retained competent counsel, that an adjournment would jeopardize the co-accused's s. 11(b) rights, and that the interests of justice strongly favoured a joint trial.

The accused brought pre-trial applications challenging the Superior Court's administrative decision to transfer his manslaughter trial from Brampton to Kitchener due to a severe courtroom shortage.

The accused argued the transfer order was subject to judicial review and violated administrative law principles of procedural fairness.

The court dismissed the applications, holding that the Chief Justice and Regional Senior Judges have statutory authority under the Courts of Justice Act to transfer cases within and outside a region.

The court further held that administrative decisions made in the course of criminal proceedings are not subject to judicial review, and that the accused failed to establish grounds for a change of venue under s. 599 of the Criminal Code.