The applicants sought certiorari quashing a summary conviction trial judge’s interlocutory order requiring them to personally attend their trial rather than appear only by counsel.
The underlying prosecution involved charges relating to possession and sale of unstamped cigarettes under federal and provincial tobacco legislation.
The applicants argued the trial judge fettered his discretion by relying on a local practice requiring accused persons to attend and that the order infringed Charter protections against arbitrary detention.
The Superior Court held that the trial judge exercised a broad discretion under s. 800(2) of the Criminal Code and considered both general and case‑specific factors.
No jurisdictional error was established and, in any event, the discretionary remedy of certiorari would not be granted.
