WDW101Y1 Lecture : March 24 Lecture

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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 t rial. 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 judge"s only option is to send the case to t rial if it meets the test. 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.

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