The procedure in s. 231.3 is consistent with s. 8 of the Charter.
There is no right of appeal from an order made pursuant to s. 231.3. Interlocutory appeals in criminal matters must be statutorily based, and neither the Criminal Code nor the Charter gave such a right of appeal.
Locke, J.A. found that notwithstanding the absence of a reasonable "and probable" wording, s. 231.3 establishes a more-probable-than-not test.