Class Notes (923,168)
CA (543,132)
UTSG (45,887)
WDW (315)
WDW101Y1 (300)
Lecture

March 24 Lecture

3 Pages
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Department
Woodsworth College Courses
Course Code
WDW101Y1
Professor
William Watson

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WDW325 March 24, 2011 Mode of TrialLecture 9
1. Will there be a preliminary inquiry
2. Where will the trial be held (courthouse in Ontario, but which; superior, Ontario etc.)
3. Who will hear the trial (judge, judge and jury, superior judge, Ontario court judge etc.)
Preliminary Inquiries
-always take place in the Ontario court of justice
-before disclosure, preliminary inquiry was where the disclosure came from
-was set up as a mechanism for seeing whether there was enough evidence to send a case for trial
-only cases with initial showing of merit continued on
-have been political moves to abolish this step
TEST: the case will go to trial if there is some evidence upon which a properly instructed jury could
convict; in effect, it requires some evidence on each of the elements of the offence
-the judges only option is to send the case to trial if it meets the test
-preliminary inquiry serves disclosure function
-crown also gets to see how strong their case is (solid witness, evidence etc.)
Side effect: allows the defence to set up the case for trial at the preliminary inquiry; pin down one version
of events
Who gets a preliminary inquiry
1.Any accused charged with a summary conviction offence does not get a preliminary inquiry
2. In a hybrid situation; if the crown chooses to proceed summarily there will be a preliminary
inquiry; some indictable offences do not always require an inquiry
For the bulk of indictable offences: accused has 3 choices if its neither s.553 nor s.469 (choice is usually
absolute)
-straight to trial with no preliminary inquiry
-superior court judge alone trial, with or without prelim
-jury trial after preliminary inquiry
For s.553, trial in provincial court with no prelim if 469
All s.469 offences go to a judge and jury trial unless the crown and the defence consent to a judge alone
trial (rare)
-attorney general can force accused to have a jury trial e.g. bias with family of judge etc.
Disclosure
-constitutional obligation to provide a fair trial
PRE-CHARTER: disclosure was limited to the goodwill that police officer/crown showed you; no formal
process
-were not told what the evidence was against you; crown was not obligated to show accused exculpatory
evidence
R. v. Savion 1980
-accused after he has been ordered to stand trial or at his trial is entitled to inspect without charge his
own statement, the evidence and exhibits if any, and to receive a copy of his own statement, any evidence
-crown was not obligated to disclose a statement made by the accused to the accused, pre-charter
R. v. Stinchcombe 1991 (1)
-lawyer steals money, ex-employee gives a statement that neither hurts nor helps him, crown excludes
calling the witness; goes to the SCC, Sopinka J. disclosure is a fundamental process
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WDW325 March 24, 2011 Mode of Trial Lecture 9 1. Will there be a preliminary inquiry 2. Where will the trial be held (courthouse in Ontario, but which; superior, Ontario etc.) 3. Who will hear the trial (judge, judge and jury, superior judge, Ontario court judge etc.) Preliminary Inquiries -always take place in the Ontario court of justice -before disclosure, preliminary inquiry was where the disclosure came from -was set up as a mechanism for seeing whether there was enough evidence to send a case for trial -only cases with initial showing of merit continued on -have been political moves to abolish this step TEST: the case will go to trial if there is some evidence upon which a properly instructed jury could convict; in effect, it requires some evidence on each of the elements of the offence -the judges only option is to send the case to trial if it meets the test -preliminary inquiry serves disclosure function -crown also gets to see how strong their case is (solid witness, evidence etc.) Side effect: allows the defence to set up the case for trial at the preliminary inquiry; pin down one version of events Who gets a preliminary inquiry 1. Any accused charged with a summary conviction offence does not get a preliminary inquiry 2. In a hybrid situation; if the crown chooses to proceed summarily there will be a preliminary inquiry; some indictable offences
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