Preliminary Inquiries And Bill C-75: Does Bill C-75 Apply Retrospectively?

On September 19, 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, SC 2019, c 25 [Bill C-75], came into effect. Among other things, Bill C-75 eliminated the availability of preliminary inquiries for those charged with an indictable offence punishable by less than 14 years imprisonment. Before September 19, 2019, any accused charged with an indictable offence was entitled to a preliminary inquiry.

Bill C-75 did not, however, indicate whether this amendment would apply to those charged before it came into effect. Whether an accused charged with an indictable offence punishable by less than 14 years imprisonment before September 19, 2019, remained entitled to a preliminary inquiry was left to be interpreted by the courts.