The applicant's argument on this issue starts with the principle that the powers of a justice conducting a preliminary inquiry are entirely statutory, and must derive expressly, or by implication from enabling legislation, in particular Part XVIII of the Criminal Code (see Doyle v. the Queen (1976), 1976 CanLII 11 (SCC), 29 C.C.C. (2d) 177 (S.C.C.)). He argues that nothing empowers a justice to arraign an accused person or to call upon that person to plead to an absolute jurisdiction or summary conviction offence. When Bigelow J. did exactly that, and then proceeded to put the accused to his election on the indictable offences, he exceeded his jurisdiction, and, accordingly, the proceedings should be quashed.
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