Publication Restriction Warning

WARNING

The President of the panel hearing this appeal directs that the following should be attached to the file:

An order restricting publication in this proceeding under ss. 539(1), (2), (3) or (4) of the Criminal Code shall continue. These sections of the Criminal Code provide:

539(1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry

(a) may, if application therefor is made by the prosecutor, and

(b) shall, if application therefor is made by any of the accused,

make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,

(c) he or she is discharged; or

(d) if he or she is ordered to stand trial, the trial is ended.

(2) Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1).

(3) Everyone who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction

(4) [Repealed, 2005, c. 32, s. 18(2).]

R.S., 1985, c. C-46, s. 539; R.S., 1985, c. 27 (1st Supp.), s.97; 2005, c. 32, s. 18.

Court of Appeal for Ontario

Date: 20220826 Docket: C70260

Judges: van Rensburg, Coroza and George JJ.A.

Between:

Her Majesty the Queen Respondent

and

Craig Willoughby Appellant

Counsel:

Chris Rudnicki, for the appellant Jeremy Streeter, for the respondent

Heard and released orally: August 24, 2022

On appeal from the order of Justice Jocelyn Speyer of the Superior Court of Justice, dated January 4, 2022, with reasons reported at 2021 ONSC 0042, granting an application for certiorari from the order of Justice Donald J. Halikowski of the Ontario Court of Justice, dated March 21, 2021, and committing the appellant for trial.

Reasons for Decision

[1] Notwithstanding the able submissions of Mr. Rudnicki, we agree with the reviewing judge that the preliminary inquiry judge committed jurisdictional errors in discharging the appellant on the counts of impaired operation and dangerous operation of a conveyance causing bodily harm, contrary to ss. 320.14(2)-(3) and 320.13(2) of the Criminal Code, R.S.C. 1985, c. C-46.

[2] We agree with her decision to commit the appellant for trial on these charges, for the reasons expressed at paras. 51-62 of her reasons.

[3] The appeal is dismissed.

"K. van Rensburg J.A."

"S. Coroza J.A."

"J. George J.A."