R. v. Charlie

R. v. Charlie

Because both the accused and the Attorney General (through designated regional counsel) agreed to withdraw the May 16, 2016 consent under s.473(2), subject to conditions preserving prior voir dire rulings, venue, and a waiver of delay, the court ordered the withdrawal of the previous consent and directed that the matter proceed to a judge and jury trial with Justice Tindale to preside to preserve earlier rulings.

Citation
2017 BCSC 2523
Parties
Crown: Regina; Accused: James David Junior Charlie
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 January 2017
Procedural Posture
Criminal / Pre Trial Application Under S.473(2) to Withdraw Consent to Judge Alone Trial; Oral Ruling
Outcome
Consent withdrawn; previous judge-alone election vacated; matter ordered to proceed to a judge and jury trial under agreed conditions
Legal Topics
Section 473(2) Criminal Code, Withdrawal of Consent, Re Election to Jury Trial, Voir Dire Rulings, Venue, Delay Waiver
Source Language
English
Criminal Law Procedural Law Section 473(2) Criminal Code Withdrawal of Consent Re Election to Jury Trial Voir Dire Rulings Venue Delay Waiver

Case Brief

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Parties

Regina

Crown

James David Junior Charlie

Accused

Procedural Posture

Criminal / Pre Trial Application Under S.473(2) to Withdraw Consent to Judge Alone Trial; Oral Ruling

Legal Issues

  1. 1 Whether consent to a judge-alone trial given under s.473(1) can be withdrawn under s.473(2)
  2. 2 Whether the court can refuse an agreed withdrawal of consent by both the accused and the Attorney General
  3. 3 Whether prior voir dire rulings and venue can be preserved as condition of withdrawal

Ratio Decidendi

Because both the accused and the Attorney General (through designated regional counsel) agreed to withdraw the May 16, 2016 consent under s.473(2), subject to conditions preserving prior voir dire rulings, venue, and a waiver of delay, the court ordered the withdrawal of the previous consent and directed that the matter proceed to a judge and jury trial with Justice Tindale to preside to preserve earlier rulings.

Court Disposition

Consent withdrawn; previous judge-alone election vacated; matter ordered to proceed to a judge and jury trial under agreed conditions

Orders

  • Order withdrawing the May 16, 2016 consent to a judge-alone trial
  • Proceed to trial by judge and jury