Her Majesty the Queen v. G.W.
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
Counsel: J. Levy, for the Applicant P. Boushy, for the Defendant
HEARD: January 13, 2020
RULING ON PEREMPTORY CHALLENGE
S. GLITHERO, J.:
[1] G.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.
[2] Months previously Mr. G.W. had elected trial by jury, and a jury panel was present on January 13.
[3] In 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.
[4] As 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.
[5] I 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.
[6] The 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.
[7] On 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