Her Majesty the Queen v. G.W.
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Her Majesty the Queen
Applicant
- and -
G.W.
Defendant
Counsel: J. Levy, for the Applicant P. Boushy, for the Defendant
HEARD: January 13, 2020
RULING ON PEREMPTORY CHALLENGE
1G.W. was before me for the commencement of trial on January 13, 2020 on an indictment charging three sexual offences against his daughter and three sexual offences towards his son.
2Months previously Mr. G.W. had elected trial by jury, and a jury panel was present on January 13.
3In the wake preceding the January 13 trial date, defence counsel served and filed a Notice of Application and Constitutional Question challenging the repeal of s.634 of the Criminal Code. This constitutional challenge was made returnable at the outset of trial.
4As a result of the obvious delay that would occur if the constitutional challenge was argued on January 13, with a panel present, RSJ Arrell convened a conference with Crown and defence counsel on January 9, 2020. At that conference, I am advised counsel agreed that the constitutionality of the repeal of s. 634 would not be argued other than on the issue of retroactivity or retrospectivity of the repealing legislation.
5I had counsel and the accused attend in court on the record at 9:00 a.m. on January 13, 2020 and as a panel was to be present for 10:00 a.m. I invited counsel to rely on their written submissions, which they both agreed to do and only brief oral submissions were made. Following those submissions I ruled that Mr. G.W. would be entitled to peremptory challenges in the trial to start at 10:00 a.m., and indicated that Reasons would follow.
6The trial proceeded on January 13 and concluded with verdicts of guilty on all six sexual charges, and a verdict of not guilty on a common assault charge.
7On that same date, January 23, 2020 the Court of Appeal released the decision in R v. Chouhan, 2020 ONCA 40. As my decision to grant peremptory challenges in this case is in accordance with the Court of Appeal decision, by which I am bound, no further reasons are required from me.
S. Glithero, J.
Released: January 27, 2020
COURT FILE NO.: 19-18
DATE: 2020-01-27
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Her Majesty the Queen
Applicant
- and –
G.W.
Defendant
RULING ON PEREMPTORY CHALLENGES
S. Glithero, J.
Released: January 27, 2020