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WDW (315)
WDW101Y1 (300)
Lecture

March 31 Lecture

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

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WDW325 March 31, 2011 Recap and Final Topics Lecture
10
Mode of Trial
Issues to decide
1)Will there be a preliminary inquiry?
2)Where will the trial be held? OPTIONS: Ontario Court of Justice or Supreme Court of Justice
3)Who will hear the trial? OPTIONS: Judge of Ontario Court, Judge of Supreme Court, Judge of
Superior Court with jury
Who is entitled to a preliminary inquiry?
1)Accused charged with a summary conviction is NOT entitled to a preliminary inquiry
2)An accused charged with an indictable offence is entitled to a preliminary inquiry UNLESS it is an
offence under s.553 which must be tried in the Ontario Court of Justice
3)If the trial is in the Ontario Court of Justice, there will be no preliminary inquiry
If an accused is charged with any indictable offence other than those in s.493 or s.553, the accused has 3
choices of how their trial will proceed:
1)Trial by provincial court judge no preliminary inquiry
2)Trial by superior court judge without a jury OR choose preliminary inquiry
3)Trial by superior court judge with a jury choose preliminary inquiry
Special Rules
1)S.469 offences: must be tried by a Superior Court of Justice with a judge and jury unless the crown
and accused consent to trial without a jury
2)S.553 offences: must be tried in the provincial court (therefore no preliminary inquiry)
Determining Mode of Trial
Step 1: Is the offence summary, indictable or hybrid?
If summary conviction offence trial in provincial court, no preliminary inquiry
If indictable offence, proceed to step 2
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?
s. 553 provincial court trial with no prelim
s. 469 superior court trial with judge and with prelim option
Disclosure/Production
R. 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
a) not clearly irrelevant;
b) privileged;
Police have a corollary duty to produce to the Crown all information in its file that meets the Stinchcombe
test2 step procedure for obtaining third party records (OConnor)
Step 1: defence must establish that records are likely relevant if successful, the records are produced to
the judge
Step 2: judge decides if records are to be produced to the defence judge weights the salutary and
deleterious effects of ordering production determines whether non-production would constitute a
reasonable limit on the right to make full answer and defence
Random Topics
R. v. Golden (2001, SCC) Strip Searches
Facts- take down in a subway sandwich shop on Yonge street, pat down search revealed nothing, visually
inspected his underwear and buttocks (clear plastic protruding), officer tried to remove the plastic wrap
but the appellant fought back
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WDW325 March 31, 2011 Recap and Final Topics Lecture 10 Mode of Trial Issues to decide 1) Will there be a preliminary inquiry? 2) Where will the trial be held? OPTIONS: Ontario Court of Justice or Supreme Court of Justice 3) Who will hear the trial? OPTIONS: Judge of Ontario Court, Judge of Supreme Court, Judge of Superior Court with jury Who is entitled to a preliminary inquiry? 1) Accused charged with a summary conviction is NOT entitled to a preliminary inquiry 2) An accused charged with an indictable offence is entitled to a preliminary inquiry UNLESS it is an offence under s.553 which must be tried in the Ontario Court of Justice 3) If the trial is in the Ontario Court of Justice, there will be no preliminary inquiry If an accused is charged with any indictable offence other than those in s.493 or s.553, the accused has 3 choices of how their trial will proceed: 1) Trial by provincial court judge no preliminary inquiry 2) Trial by superior court judge without a jury OR choose preliminary inquiry 3) Trial by superior court judge with a jury choose preliminary inquiry Special Rules 1) S.469 offences: must be tried by a Superior Court of Justice with a judge and jury unless the crown and accused consent to trial without a jury 2) S.553 offences: must be tried in the provincial court (therefore no preliminary inquiry) Determining Mode of Trial Step 1: Is the offence summary, indictable or hybrid? If summary conviction offence
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