The appellant argues, as alluded to above, that the event which put his liberty in jeopardy was the laying of the charges in 1996. He submits that it was at that time, and not when the offences were committed, that he assumed the status of an accused person facing a trial and loss of liberty on charges which, he contends, where based on a discriminatory section of the Criminal Code. It is the current application of these historic Criminal Code provisions which he challenges. The appellant cites Brenner v. Canada, 1997 CanLII 376 (SCC), [1997] 1 S.C.R. 358 as support for this argument.
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