Final Lecture - Review Class

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Woodsworth College Courses
William Watson

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
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