Court File and Parties
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
R. Alexander Cornelius and Paul Renwick for the Crown
- and -
ERIC LU
- and -
MARK DOOKHRAM
D. Sid Freeman for the Defendant Lu
Hans Cedro and Kendra Stanyon for the Defendant Dookhram
Heard: September 27, 2021
PRE-TRIAL CHARTER RULING
D.E. HARRIS J.
1Ms. Freedman, on behalf of Mr. Lu, brought a Charter challenge to the requirement in the Criminal Code, the Juries Act, and a regulation under the Administration of Justice Act that all jurors be Canadian citizens. I dismissed the application with reasons to follow.
2In short, I agree with the Crown that I am bound to dismiss the challenge based on the Court of Appeal’s reasons in R. v. Church of Scientology of Toronto (1997) 1997 CanLII 16226 (ON CA), 33 O.R. (3d) 65, 116 C.C.C. (3d) 1 (Ont. C.A.) at paras. 127-131, 137-179, a decision directly on point. Nothing, in my view, has changed since the time of Scientology that would put the conclusion reached there into doubt: see Canada (AG) v. Bedford, 2013 SCC 72 paras. 38.
D.E. HARRIS J.
Released: December 15, 2021
COURT FILE NO.: CR-17-00675-00
DATE: 2021 12 15
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
- and -
ERIC LU
- and -
MARK DOOKHRAM
RULING
D.E. HARRIS J.
Released: December 15, 2021