The defendant brought a motion for directions on where and before whom he could bring a bail application.
The Court of Appeal had previously upheld his convictions but overturned his dangerous offender designation, directing a new sentencing hearing before a different judge.
Because no judge had yet been assigned to the new sentencing hearing, the defendant sought clarity on bail jurisdiction.
The Superior Court held that under section 523(2)(a) of the Criminal Code, since the defendant was currently being tried before 'a court' but no specific judge was conducting the trial, jurisdiction for the bail application rested with the Superior Court of Justice generally until a specific judge was assigned.
