March 24 Lecture

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Woodsworth College Courses
William Watson

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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