Study Guides (258,891)
CA (125,041)
UTSG (8,541)
WDW (57)
WDW101Y1 (53)
Final

Final Lecture - Review Class

2 Pages
120 Views

Department
Woodsworth College Courses
Course Code
WDW101Y1
Professor
William Watson

This preview shows half of the first page. Sign up to view the full 2 pages of the document.
WDW325 April 7, 2011 Review Class Lecture
12
Review of Preliminary Inquiries and Disclosure
-disclosure comes first, package of all information in possession of crown/police, police do investigation
and make copies of everything they collect, these reports are given to the crown, and crown decides
whether information is under privilege or not; decide delay or not, and give accused the disclosure
-ongoing obligation to disclose every piece of information given before electing mode of trial
-preliminary inquiry is in-court with witnesses, two purposes: screening function, determine whether or
not crown has sufficient evidence to justify a trial, and discovery function; to make sure that the defence
and crown are given a preview of the trial in order to create their cases; sufficient evidence to justify a
trial
-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 trial 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
OConnor 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
-defence tells the person that they want the records via supina, and notice to the person with privacy
issues with the records; supinas and notice to complainant of getting records
-in court, all arguments given; burden on the person seeking the records to prove that they are LIKELY
relevant
-if the judge is satisfied that they are likely relevant, the person who has the records produces them to the
judge, step 1
-step 2, judge reviews records and balances accuseds rights to make full answer of defence against
complainants privacy rights
-only applies to records held by someone else over which there is a privacy interest
McNeil Test
- defined a category of records that allowed control over certain types of these i.e. records of police
investigation
-McNeil defines the category as being in possession and control of the crown, even if they dont technically
have them; puts obligation on crown to get those records, and on the police to give them to the crown
-also puts obligation on crown to assist in obtaining 3rd party records when they know about them (trial
efficiency issue)
Four factors involved in delay
-Askov and A.K, A.V. Askov sets out four factors to look at in determining whether delay is reasonable or
unreasonable
-if delay is unreasonable, a stay of proceedings is ordered
a) length of delay- from date arrested to anticipated end of trial b) reason for delay- crown conduct delay,
process delay, accused delay c) waiver- accused waives right to speedy trial for certain issues which is
subtracted from length of delay
d) prejudice of the accused- harm suffered by accused as a result of the delay
Plea Bargaining
-can be formal or informal; formal process for all 3 types all happens at once, happens between defence
and crown
-police are not really involved; kind of like the crowns client; agreement is between crown and defence
www.notesolution.com

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
WDW325 April 7, 2011 Review Class Lecture 12 Review of Preliminary Inquiries and Disclosure -disclosure comes first, package of all information in possession of crownpolice, police do investigation and make copies of everything they collect, these reports are given to the crown, and crown decides whether information is under privilege or not; decide delay or not, and give accused the disclosure -ongoing obligation to disclose every piece of information given before electing mode of trial -preliminary inquiry is in-court with witnesses, two purposes: screening function, determine whether or not crown has sufficient evidence to justify a trial, and discovery function; to make sure that the defence and crown are given a preview of the trial in order to create their cases; sufficient evidence to justify a trial -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 trial 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 judgejury -why do trials without prelim take place in provincial court; either because Code requires them OConnor Test Production of a 3 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 3 party records -defence tells the person that they want the records via supina, and notice to the person with privacy issues with the records; supinas and notice to complainant of getti
More Less
Unlock Document


Only half of the first page are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit