The defendant brought a motion to deny standing to the complainant's counsel at a section 278.94 hearing, arguing that a prior Superior Court declaration of unconstitutionality in R. v. Reddick was binding on the Ontario Court of Justice.
The court rejected this argument, holding that ordinary principles of stare decisis apply to section 52 declarations and that a Superior Court declaration does not bind courts of coordinate jurisdiction.
The court found that the defendant must file a proper Notice of Constitutional Question to challenge the constitutionality of the section 278.94 procedure.
The motion was dismissed and the complainant's counsel was granted standing.
