Can a preliminary inquiry judge grant an appli cation to stay proceedings for breach of the Charter of Human Rights?
Manitoba, Canada
The following excerpt is from R. v. Smith (M.H.), 1988 CanLII 7220 (MB QB):
In Mills v. The Queen, supra, the accused, at the commencement of his preliminary inquiry, brought an appli cation to stay proceedings for breach of his right to trial within a reason able time as guaranteed by section 11(b) of the Charter. The appeal was dismissed on the basis that, except to determine whether a violation has occurred for the purpose of excluding evidence under section 24(2), judges presiding at a preliminary inquiry are not courts of competent jurisdiction for the purpose of granting remedies under section 24(1) of the Charter.
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