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The Ontario Court of Appeal held that s. 577 of the Criminal Code allowed a direct indictment after a provincial court election, and dismissed the abuse of process claim.
The court granted severance because the existence of reasonable and probable cause is a discrete, objective legal issue suitable for summary determination without inquiry into individual prosecutors' personal assessments; resolving that issue first promotes proportionality and may be dispositive, and accordingly examinations for discovery, further disclosure and verification are deferred pending the summary determination.
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