CCLA Intervenes in R. v. Archambault

TORONTO — Shakir Rahim, Director of the Criminal Justice Program of the Canadian Civil Liberties Association, made the following statement:

The CCLA will appear before the Supreme Court of Canada as an intervenor in R. v. Archambault on February 14, 2024.

This case is about the availability of preliminary inquiries for people charged with a criminal offence. Preliminary inquiries are important pre-trial hearings. The state must demonstrate there is sufficient evidence to take a person to trial, and evidence can be discovered that is relevant to Charter right violations.

In 2019, the federal government passed Bill C-75, limiting preliminary inquiries to offences that carry a maximum penalty of at least 14 years in prison. A key question in in Archambault is whether those charged with offences that occurred before Bill C-75 maintain a right to a preliminary inquiry.

It is unfair to change the law after the fact. Bill C-75 should not apply to offences that predated its enactment. People in Canada should not lose their right to a preliminary inquiry, an important tool to ensure a fair criminal justice system.

The CCLA is grateful to Janani Shanmuganathan and Owen Goddard of Goddard & Shanmuganathan LLP for their excellent pro bono representation in this case.

-30-

You can read the CCLA’s factum here and the CCLA’s detailed comment on the case here.

About the Canadian Civil Liberties Association
The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

Media Contact:
media@ccla.org