WDW325.MARCH24.docx

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Department
Woodsworth College Courses
Course Code
WDW101Y1
Professor
Dena Demos

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Description
Bail (RECAP) - Section 515(1), presumption that jp realease accuse unless crown can show cause for conditions/detention, ladder effect for degrees of conditions, from low to higher, and final stage is detention - Grounds for detention; cannot detain for no reason, need to articulate one of the three grounds, primary ground (are they a flight risk), secondary ground (prevent from committing more offences, and preserve the admin of justice...not chance but a substantial likelihood) and tertiary ground MODE OF TRIAL - 3 main questions 1) Will there be prelimnary inquiry 2) Where will trial be held—courthouse in Ontario, but what kind of court, superior court of justice, Ontario court of justice? 3) Who will hear the tria?—judge? Judge and jury, if judge alone is it from superior court or Ontario court - Engage legal techniqual aspect—engage practical issues for lawyers appearing before courts, have tactical decisions to make, e.g. alarming the queen might be good for jury but not for a judge ..you question is this the type of case better to have with judge, or with jury - CC govern when you can make these choices Preliminary question - When they take place, always in the Ontario court of justice, do not take place in the superior court, to get to the superior court if you want a trial at superior court you can have preliminary inquiry in Ontario court of justice but on request, you dont’ necessary have to have preliminary inquiry - The role of preliminary inquiry, in the old case, before disclosure, the preliminary inquiry was really where you got your disclosure, nowadays its a bit different, preliminary inquiry wasn’t only set up as disclosure but also a mechanism for seeing if there is some evidence to send the case to trial, only those cases that had an initial showing of merit went to trial - Sheppard test: your case will go 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 minute there is some evidence, the judge @ PI has only one option which is to convict you to go trial - When you get to PI there is usually enough evidence ...helps you test the case, not just the defence tests the case but the crown also does, when the crown reads a brief in the morning with a solid witness but on the witness stand at PI you will know if it will still be as strong (witness might be bad in actual trial) - Allows the defense to set up a case for trial, cross-examine witnesses, won’t attack witness on PI, but will pin them down on their story, give them the opportunity to change their story to one story, but during actual trial you can attack them when they veer from what they said in the preliminary inquiry - Same with charter violations arguments, cross examine police with the view of getting their evidence down with the idea to get charter violation during actual trial, - Who get a preliminary inquiry o Any accused charged with summary offence DOES not get pre.lim, summary conviction court = Ontario court of justice, straight summary offence = NO pre lim (e.g. theft under $5000, cheating @ play, failing to guard your ice hole) o Vast majority of offences are hybrid (crown gets to decide to preceed by indictment of summary conviction), in hybrid situation if the crown proceeds by indictement, they MIGHT get pre lim, even though the crown in all hybrid offences choose, parliament decides that certain indictable offences aren’t that serious, so even if crown wants to proceed by indictement you don’t get s.553 of cc called absolute jurisdiction offences, where even crown choose indictment the accuse doesn’t get pre lim. o E.g. theft under $500, bawdy house offence, found in a gaming house  absolute jurisdiction offences o Offences that are hybrid not under s.553 you CAN have a pre lim, three choices 1) trial right away @ ontarion court of justice w/t pre lim, 2) superior court judge alone trial, either w/ or w/t pre lim; 3) jury trial after pre lim or not - Who the judges are, who the lawyer is, whats you case, will affect your decisions - S.469 offence, judge and jury, all of these offences go to judge and jury trial, UNLESS the crown and defence consent to a judge alone trial, parlimanet decided that these very serious offences must b e tried by members of the public - Pretty rare for s.469 for crown to agree to not have a jury, in most cases you will be tried with jury - Summary conviction trial w/ no pre lim, indictable in 553 (trial in provincial w/t pre lim), 469 trial with supercourt w/ or w/t pre lim, any other indictable offence you get to choose - In indictable offences neither 554 or 469 the accused has the choice for Ontario court or superior court, w/ or w/t pre lim, judge and jury....except for really rare circumstances your choice is absolute, the rare circumstances is when attorney general chooses jury for your trial Disclosure - Constitutional obligation to provide fair trial , informs how we operate our system ,check and balance that the product (aka legal truth) is accurate and reliable - Pre-charter, there was no disclosure, disclosure at that time was limited to the good-will of prosecutor and police officer, in the 60s and 70s you get disclosure by chatting up the prosecutors and police, it was charity by schmoozing, routinely get to trial at the pre lim where thats the only chance you will see a police officer’s notebook, if police officer testified and use their notebook before cross-examination and the defence only have the right look at it then,, if teh
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