Majority
The judgment of the Court was delivered orally by
La Forest J.
La Forest J. ‑‑ It will not be necessary to hear from you Mr. Coombs. The Court is ready to hand down judgment. The judgment will be pronounced by Mr. Justice Sopinka.
//Sopinka J.//
Sopinka J.
Sopinka J. ‑‑ The judge at the preliminary hearing was correct in holding that he did not have jurisdiction to decide whether s. 279(3) violates the Canadian Charter of Rights and Freedoms . In this regard, this case is governed by this Court's decision in R. v. Seaboyer, [1991] 2 S.C.R. 577. Accordingly, it is not necessary for this Court to deal with the constitutional question.
Furthermore, we are of the opinion that there was some evidence upon which the appellant could be committed for trial, and the preliminary court judge, therefore, did not exceed his jurisdiction. The appeal is, therefore, dismissed.
Judgment accordingly.
Solicitors for the appellant: Greenspan, Rosenberg and Buhr, Toronto.
Solicitor for the respondent: Darrell E. Coombs, Charlottetown.
Cases cited
- R. v. Seaboyer; R. v. Gayme 20666, 20835-1991-08-22
Statutes and regulations cited
-
- s. 279(3)