In this case a judicial registrar found the accused guilty of a lesser offence than one charged.  The police informant sought review of this decision, but the Magistrate accepted a plea of autrefois convict (double jeopardy). 

On appeal to the Supreme Court, Rush J found that the intent of the legislation was to provide all parties, incouding police informants, with a right of appeal by way of hearing de novo before a magistrate from a proceeding determined by a judicial registrar.

Rush J also held that while the Charter embraces the common law principle against double jeopardy, that does not permit an interpretation that is inconsistent with the grammatical meaning and purpose of the relevant section.

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Sunday, June 15, 2014