Does s. 507(3) or s. 577(2) of the Criminal Code require a written consent from a judge of the court or by the Attorney General?
Ontario, Canada
The following excerpt is from Gentles v. Ontario (Attorney General), 1996 CanLII 8166 (ON SC):
The applicant placed considerable emphasis on Garton v. Whelan, supra. At the time of that decision s. 507(3), the predecessor of s. 577, provided that: …where a preliminary hearing has not been held… an indictment shall not be preferred except with the written consent of a judge of the court or by the Attorney General.
Section 577(d) provides for the written order of a judge where the Attorney General does not intervene. Accordingly Garton v. Whelan is no longer applicable.
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