Digest: R v Ghaney, 2018 SKQB 219

• Date: August 18, 2019

Reported as: 2018 SKQB 219

Docket Number: QB18223 , CRM 205/18 JCS

Court: Court of Queen's Bench

Date: 2019-08-18

Judges:

• Mills

Subjects:

• Criminal Law � Direct Indictment
• Criminal Law � Judicial Interim Release
• Courts and Judges � Jurisdiction � Judicial Interim Release

Digest: The accused consented to his remand at Provincial Court and never applied for judicial interim release pursuant to s. 515 of the Criminal Code. He was committed to stand trial in the Queen�s Bench Court after a preliminary inquiry. The Crown then issued a direct indictment pursuant to s. 577 of the Criminal Code, adding an additional charge. Pursuant to s. 565(2) the accused was deemed to have elected Queen�s Bench Court judge and jury and therefore, the Provincial Court no longer had any proceeding outstanding regarding the accused. The accused then applied with the Queen�s Bench Court under s. 515 of the Criminal Code for judicial interim release. The Crown argued that the accused had to apply before the Provincial Court for judicial interim release because there had been no previous applications made for his release.
HELD: The court concluded that the Crown�s reasoning was flawed in the circumstances. The accused�s matters were before the Queen�s Bench Court, including the matter of his release. The court found that the primary purpose of the Provincial Court was for an election, mode of trial where available, and/or holding a preliminary inquiry. Those options were no longer available because the Crown filed a direct indictment. The application for judicial interim release was properly made in Queen�s Bench Court.

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