Absolutely. He'll be able to challenge it under the Trépanier case, first of all, as well as under the new act, which frames that principle. I don't know much about betting, but I think the accused will have very good chances of success.
In the context of Trépanier, section 117—you'll pardon me for having only the English version—states the following:
In any event, there's also an available interim practical solution that can be easily implemented for all charges under section 130, which is really the case in point. The accused can be offered an election as to his or her trier of facts. There will be no legal impediment to that course of conduct, since section 165.14 gives the right to the prosecution, and that right is of low force and effect with respect to the offences.
I admit I'm surprised by these provisions. Following a long period of reflection—48 hours, in fact—I'm still trying to understand, but I can't.