WDW101Y1 Lecture : March 31 Lecture
12 May 2011
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Document Summary
Options: judge of ontario court, judge of supreme court, judge of. If the t rial is in the ontario court of justice, there will be no preliminary inquiry. If summary conviction offence t rial in provincial court, no preliminary inquiry. If hybrid offence, mode of trial depends on crown election (summary or indictable) Step 2: indictable offence (or hybrid offences for which the crown elects to proceed by indictment) a) Is it listed in s. 553 or s. 469: 553 provincial court t rial with no prelim, 469 superior court t rial with judge and with prelim option. Disclosure/production: v. stinchcombe crown has an obligation to disclose to the defence (before election is made or plea is entered) all information in its possession or control that is, not clearly irrelevant, privileged; Police have a corollary duty to produce to the crown all information in its file that meets the stinchcombe test. 2 step procedure for obtaining third party records (o"connor)
