The applicant sought certiorari to quash a decision of a provincial court judge who assumed jurisdiction over sentencing after the original judge who received the guilty pleas became ill.
The issue was whether jurisdiction could be transferred under s. 669.2 of the Criminal Code where the original judge was expected to return within a reasonable time.
The court held that the lower court erred by treating the provision as a case management tool and assuming jurisdiction despite a reasonable expectation that the seized judge would return shortly.
Because the statutory requirement that the original judge be unable to continue was not established, jurisdiction should have remained with the judge who accepted the guilty pleas.
The impugned order was quashed.
