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The court held it retained jurisdiction at the accused’s first superior court appearance despite no indictment then being filed and ordered attendance at the next date.
Because murder is an offence enumerated in s.469 and Part XIV prescribes jury trial as the mode of trial, there is no statutory election (deemed or otherwise) to trigger s.565(2) re-election; s.565(2) cannot be used to circumvent Part XIV, and a judge-alone trial for murder requires the Attorney General's consent under s.473(1).
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The court held that a judicial stay for delay is not a universal declaration of innocence and dismissed Roberts’s motion to remove his name from another accused’s indictment.
The British Columbia Court of Appeal dismissed Gary Lazeo’s appeal from convictions for money laundering and attempted laundering, upholding the trial judge’s rejection of entrapment.
Because the Crown validly exercised its statutory discretion under s.574(1) to prefer an indictment based on the facts disclosed at the preliminary inquiry, the indictment alleging the same offence against the same person on the same date was valid; there was no prejudice to the accused, and having been arraigned and pleaded it was too late to challenge the committal, so the judge erred in quashing the indictment.
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The Supreme Court of Canada held that a mislabelled indictment was a voidable error, allowing a substituted indictment founded on the preliminary inquiry evidence.
The Supreme Court of Canada dismissed an appeal on trial-court jurisdiction, holding that missing a fixed trial date does not by itself end jurisdiction over an indictment.
La Cour suprême statue sur la portée de l’art. 507 du Code criminel : un agent du procureur général peut-il ajouter, par acte d’accusation, des chefs révélés à l’enquête préliminaire?
The Supreme Court of Canada allowed the appeal, set aside the convictions, and ordered a new trial because of substantial errors in the jury charge.
The Supreme Court of Canada held that the indictment for selling “dead animals” was not duplicitous and upheld mandamus to require the trial to proceed, over two dissents.
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