R. v. De Zen et al, 2010 ON SC 974 (CanLII)

The Attorney General required the accused in a lengthy and complex fraud trial to be tried by a judge and jury in the Superior Court, despite the election of all accused to be tried by a Provincial Court judge (that is, in the lower court).  The Attorney General relied on his powers under s.568 of the Criminal Code of Canada.  The accused applied to set aside the Attorney General’s requirement on the basis that it constituted an abuse of the court’s processes.  No reasons for the decision to issue the requirement were given.  No advance notice was provided.  The requirement was imposed after the trial judge had already been selected.  The parties had proceeded on the basis that the case would be tried by a judge without a jury in the Provincial Court.  In the circumstances, the accused met the high onus of demonstrating that the Attorney General’s actions constituted an abuse of the court’s processes.  Their election to be tried by judge without a jury in the Provincial Court was restored.

Since 1953 Cooper, Sandler, Shime & Bergman LLP has been specializing in all areas of Criminal Law in the Toronto area. Our Toronto criminal lawyers at Cooper, Sandler, Shime & Bergman LLP serve the Greater Toronto Area and Ontario, Canada.

Cooper, Sandler, Shime & Bergman LLP
439 University Ave. Suite 1900
Toronto, Ontario M5G 1Y8