The appellant appealed his conviction for possession of fentanyl for the purpose of trafficking.
He had originally elected to be tried in the Ontario Court of Justice, but due to scheduling delays that would have exceeded the 18-month Jordan ceiling, the Deputy Attorney General preferred a direct indictment under s. 577 of the Criminal Code, moving the trial to the Superior Court of Justice.
The appellant argued that his election to be tried in the provincial court vested his right to that mode of trial and that the direct indictment was an abuse of process aimed at avoiding a s. 11(b) Charter stay.
The Court of Appeal dismissed the appeal, holding that s. 577 provides broad authority to prefer a direct indictment even after an election is made.
The Court further held that there was no abuse of process, as the direct indictment actually facilitated an earlier trial date, consistent with the right to a trial within a reasonable time.
