2018-04-23 14:52:13 UTC
today on a motion not to allow a trial without a
Preliminary Inquiry. Gatineau Crown Crown Sandra Bonnano
made the trip to Montreal. Justice Robert Mainville
The problem is that you don't get a Preliminary Inquiry if
you are being tried in Provincial Cour du Quebec by judge
alone!! I knew that you didn't get a jury trial if the
charge was under 3Kg but I didn't know you could be facing a
big 5-year sentence for under 3KG and not get a Preliminary
Inquiry. Live and learn. If you are charged with more than
3Kg, you may have a jury trial. If you are charged with
under 3KG, no Election and no Preliminary Inquiry!
Most of the people I've helped were charged with production
which has an automatic election to jury trial and P.I. And
most of them admit the facts since they're challenging the
law, and waive the P.I. that shows evidence enough to be
bound over for trial.
The problem is that he was facing the more serious
production charge and P4P Over 3Kg when he demanded his
Preliminary Inquiry. When Judge Millar sent him off to have
his Quash Motion heard, it mentioned no witnesses would be
there at that time but there was no distinction whether they
were going to be witnesses for the P.I. or for the trial.
Except that the Court Record listed it as a Charter
Challenge which is heard by the Trial Judge once the trial
is started. And he still had a right to P.I. at that point.
So did Judge Laflamme start the trial in order to hear the
Quash Motion he was told was a Charter Motion? He should
have if he thought it was a Charter challenge. But if he
did, he would have asked Luc for his plea, at the opening of
the trial. He did not, or Ray would have noted it.
Regardless, the motion for Prohibition was filed while Luc
was facing the production and P4P Over 3K charge and due his
P.I. But at his Quash hearing, the Crown withdrew the
charges that would have given him the P.I., the Production
count, and also reduced the P4P to under 3K. So now he had
no more right to a P.I. or election to jury trial.
The Crown brought along all the Court records and all the
audio CDs. The judge called it such a mess that he reserved
his decision and hoped to get it resolved before the
Wednesday hearing before Laflamme continues.
That is no problem. Laflamme is doing the Quash first as it
should be. And then, it will go to trial properly without a
P.I. now that the Crown changed the charges.
So Justice Mainville is going to dig deeper and then tell us
what happened. But it looks like everything is back on
Other than it should have been Judge Millar as judge of
first instance doing the Quash, having passed it off to
Judge Laflamme means everything is now on track. And we'll
know for sure that Luc no longer gets a P.I. now that he's
staying below on the lesser charges.