The Crown sought to vacate preliminary inquiries in five cases on the basis that amendments to the Criminal Code contained in Bill C-75, which came into force on September 19, 2019, retrospectively eliminated the right to a preliminary inquiry for offences punishable by less than 14 years imprisonment.
The accused had all elected to be tried by judge and jury and requested preliminary inquiries before the amendments came into force, but the inquiries had not been completed by the effective date.
The court held that the amendments do not apply retrospectively because they affect substantive rights and vested rights of the accused.
The preliminary inquiry is a substantive right that protects accused persons from exposure to unwarranted public trials.
The Crown's application was dismissed.
