R. v. Phelps

R. v. Phelps

On a plain reading of s.567 the court only has authority to decline an election at the time it is made; it does not have statutory power to set aside an election already recorded. The court also lacks inherent jurisdiction to undo a prior valid judicial act in these circumstances, and even if inherent jurisdiction existed it should not be exercised here because the issue should have been raised at the time of the provincial court proceeding.

Citation
2020 BCSC 1750
Parties
Crown: Regina; Accused: Kyle Daniel Phelps
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 October 2020
Procedural Posture
Criminal Election to Mode of Trial Dispute / Pre Trial Application to Set Aside Election
Outcome
Crown's application dismissed; accused's election of trial by Supreme Court judge without a jury remains recorded
Legal Topics
Mode of Trial, Election to Trial, Preliminary Inquiry, Inherent Jurisdiction, Severance
Source Language
English
Criminal Law Criminal Procedure Court Jurisdiction Mode of Trial Election to Trial Preliminary Inquiry Inherent Jurisdiction Severance

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Crown

Kyle Daniel Phelps

Accused

Procedural Posture

Criminal Election to Mode of Trial Dispute / Pre Trial Application to Set Aside Election

Legal Issues

  1. 1 Whether the Supreme Court has statutory jurisdiction to decline or set aside a previously recorded election by an accused
  2. 2 Whether the court has inherent jurisdiction to set aside a recorded election
  3. 3 If inherent jurisdiction exists, whether it should be exercised in the circumstances

Ratio Decidendi

On a plain reading of s.567 the court only has authority to decline an election at the time it is made; it does not have statutory power to set aside an election already recorded. The court also lacks inherent jurisdiction to undo a prior valid judicial act in these circumstances, and even if inherent jurisdiction existed it should not be exercised here because the issue should have been raised at the time of the provincial court proceeding.

Court Disposition

Crown's application dismissed; accused's election of trial by Supreme Court judge without a jury remains recorded

Orders

  • Crown's application dismissed
  • The election of trial by Supreme Court judge sitting without a jury made by Kyle Daniel Phelps on March 23, 2020 remains in effect