BBM
This is "
what's up with that":
In Alberta (the above link is from an Ontario lawyer) even murder suspects can elect to be tried by Judge alone and they do not need consent of the Crown. Therefore, it is very common in Calgary for murder suspects to elect to be tried by Judge alone.
Here it is:
"
Except in Alberta,
an accused charged with murder must, under ss. 427, 429 and 430 of the Criminal Code,
be tried by a judge and jury."
http://www.hrcr.org/safrica/equality/r_turpin.html
More from the same article:
"The impugned provisions of the Code treated the appellants and
those charged with the offences listed in s. 427 more harshly than those charged with the same offences
in the province of Alberta who, because of s. 430,
have an opportunity to be tried by judge alone if they deem this to be to their advantage. However, while the distinction created by s. 430 resulted in a violation of appellants' rights to equality before the law, such distinction was not discriminatory in its purpose or effect and, therefore, did not violate s. 15 of the Charter. Persons resident outside Alberta and charged with s. 427 offences outside Alberta do not constitute a (page 1299) disadvantaged group in Canadian society within the contemplation of s. 15."