The appellant was charged with criminal negligence causing death, failing to stop at an accident scene, and impaired driving.
At the preliminary inquiry, the appellant sought to exclude statements made to the police, arguing they were obtained in violation of his Charter rights.
The preliminary inquiry judge refused to hear the application, ruling he was not a court of competent jurisdiction under s. 24 of the Charter.
The Supreme Court of Canada dismissed the appeal, holding that a preliminary inquiry justice does not have the jurisdiction to exclude evidence under s. 24(2) of the Charter, as their function is limited to screening cases for trial.
