M. Carnegie

The defendant sought permission to be absent from the commencement of his preliminary hearing due to residence in Ottawa and difficulty arranging transportation with a surety as required by his Judicial Interim Release Order.

The Crown did not oppose the application.

The court granted the defendant's request to be absent from part of the preliminary hearing, subject to conditions requiring defence counsel to maintain regular communication with the defendant, provide updates on the proceedings, and seek regular instructions throughout the hearing.

The court addressed the scope of preliminary inquiries following legislative amendments under Bill C-75.

The Crown argued that preliminary hearings should be limited to offences carrying a potential sentence of 14 or more years imprisonment.

The defendant contended that evidence regarding other indictable offences arising from the same transaction should also be heard.

The court held that all allegations occurring during the same transaction as a 14+ offence may be subject to a preliminary hearing, including non-14+ offences already charged or not initially charged, provided they arise from the same transaction.