Kyla Lee in The CBA National: Supreme Court finds judge-only trials were acceptable during the pandemic
In a unanimous ruling, the Supreme Court of Canada has found that for trials held during the COVID-19 pandemic, it was acceptable for judges to consent to judge-only trials over the objections of Crown prosecutors to avoid creating delays.
The Court’s reasoning, however, split 5-2 over where the line was when it came to the Crown’s prosecutorial discretion.
Charged with the second-degree murder of his spouse, accused Pascal Varennes’ trial was set for September 2020, when the pandemic was in full swing. In June 2020, he requested a judge-alone trial to avoid possible delays with a jury trial, which would breach his Charter right to be tried in a reasonable time. The Crown refused to consent, asserting that the public interest favoured a jury trial. However, the judge found the refusal was “unfair or unreasonable in the circumstances” and allowed the judge-only trial.
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