WDW101Y1 Final: Final Lecture - Review Class
12 May 2011
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Document Summary
Ongoing obligation to disclose every piece of information given before electing mode of t rial. Accused has right to change elected mode of trial. Indictable offence with waive of prelim; will trial take place in superior or provincial court. Will any trial without a preliminary inquiry take place in provincial court; no. Pick mode of trial and location of t rial independent of whether prelim will take place or not. Can have trial in superior court without prelim; can waive prelim and go straight to trial with judge alone or judge/jury. Why do trials without prelim take place in provincial court; either because code requires them. O"connor test production of a 3rd party record. Addresses those offences in all sections except s. 278 of the code, test under s. 278 is more difficult. 2 part test: to initiate the process to access 3rd party records.
