Tuesday, September 4, 2012

Crown decision to compel jury trial subject to judicial review on less deferential standard

R. v. J.S.R., 2012 ONCA 568, released today, holds, among other things, that a decision by the Crown to compel a jury trial may be reviewed by the Court for abuse of process on a less deferential standard:

[127] I agree with Brown J. that the Crown's decision under s. 568 of the Criminal Code to require a jury trial even where the accused has elected to be tried by a judge alone is not a core aspect of prosecutorial discretion. It is not a decision as to whether the prosecution will proceed or on what charge. Similarly, in my view, a decision by the Deputy Attorney General under s. 67(6) of the YCJA to override a young person's decision to be tried by a judge alone and to require the trial to be by judge and jury is also not a core exercise of prosecutorial discretion. As a result, it is the type of decision by the Crown that is subject to judicial review for abuse of process on a less deferential standard. Specifically, it does not require flagrant impropriety to be found in order to justify a remedy under s. 24(1) of the Charter.

11 comments:

Anonymous said...

On the other hand, you don't want to start discussing details about your personal life on your business blog. There is a way to show personality while keeping things professional. Anything that wouldn't be appropriate to say to a client in person or in an email shouldn't be included on a business blog.

[url=http://cheapjordans2013.fast-page.org/]cheap jordans[/url]

As you get more comfortable with the process, you'll develop your own unique blogging style!

[url=http://cheapnfljerseys168.html-5.me/]Personalized NFL Jerseys[/url]

Anonymous said...

Right now it seems like Expression Engine is the preferred blogging
platform out there right now. (from what I've read) Is that what you are using on your blog?
my web page: quick weightloss

Anonymous said...

Hola! I've been reading your web site for a long time now and finally got the bravery to go ahead and give you a shout out from Huffman Tx! Just wanted to mention keep up the fantastic work!

Feel free to visit my website ... nfl jerseys.com

Anonymous said...

Hello just wanted to give you a quick heads up.
The words in your post seem to be running off the screen in Ie.

I'm not sure if this is a formatting issue or something to do with web browser compatibility but I figured I'd post to let you know.
The style and design look great though! Hope you
get the issue resolved soon. Kudos

Here is my weblog; http://www.fassalive.it

Anonymous said...

You have made some decent points there. I looked on the internet for more information about the issue
and found most individuals will go along with your
views on this web site.

Here is my webpage ... nfl jerseys wholesale

Anonymous said...

Hello just wanted to give you a quick heads up. The text in your
article seem to be running off the screen in Ie. I'm not sure if this is a formatting issue or something to do with internet browser compatibility but I thought I'd post
to let you know. The layout look great though!
Hope you get the issue resolved soon. Kudos

Also visit my webpage; easynation.com

Anonymous said...

Heya i'm for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and aid others like you aided me.

my page; discount designer sunglasses for men

Anonymous said...

I'm not sure where you are getting your information, but great topic. I needs to spend some time learning more or understanding more. Thanks for great information I was looking for this information for my mission.

Feel free to surf to my web site: vintage aviator sunglasses

Anonymous said...

Hi! I've been following your site for a while now and finally got the courage to go ahead and give you a shout out from Kingwood Texas! Just wanted to say keep up the great job!

my homepage: www.the-gambling-guide.com

Anonymous said...

Hi, I check your blog like every week. Your humoristic style is
witty, keep up the good work!

Have a look at my blog post ... http://www.seodolphin.com/

Anonymous said...

I've been browsing online more than 4 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all site owners and bloggers made good content as you did, the web will be a lot more useful than ever before.

Here is my web site :: oakley ?????? ()