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Chapter Preliminary Inquiry

CRIM 330 Chapter Preliminary Inquiry: CRIM330: PRELIMINARY INQUIRY AND PRE-TRIAL MATTERS CASES

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Department
Criminology
Course
CRIM 330
Professor
David Mac Alister
Semester
Spring

Description
PRELIMINARY INQUIRY + PRE-TRIAL MATTERS R. v. Nixon ​2011 SCC 34, 27 C.C.C. (3d) 36, 85 C.R. (6th) 1 (S.C.C.) Court: ​SCC ​[Charron, J] Issue:​ ​Prejudice against accused Area of law:​ ​Plea bargaining, impaired driving causing death/bodily harm, dangerous driving causing death/bodily harm Facts: ​N was charged with 7 offences after she drove through a stop sign and collided with another vehicle. A plea resolution agreement was made where she would plead guilty to the provincial offence of careless driving + criminal charges would be dropped. Before the guilty plea was entered, the Assistant Deputy Minister determined it was not in the best interests of the administration of justice. Crown withdrew from agreement, revocation of the plea was not reasonable was determined at trial and the accused pleaded guilty to careless driving + was acquitted on remaining counts. Decision of court:​ ​Alberta Court of Appeal was allowed and the accused appealed to SCC which dismissed her appeal. The ADM + SCC conclude there is no prejudice against the accused as a result for repudiation. It cannot be characterized as unfair, unreasonable, oppressive, or irrational; the entrance of this plea bargain would put the administration of justice into disrepute. Deutsch v. Law Society of Upper Canada​ (1986), 47 C.R. (3d) 166 (Ont. Div. Ct.) Court:​ ​Ontario Divisional Court ​[Craig, J] Issue:​ ​The right to counsel at trial Area of law:​ ​CCRF s. 7 Facts: ​The accused has the right to fair trial, retain counsel but may not have the sufficient funds. Decision of court:​ ​It seems in such case, there is an entrenched right to funded counsel.​ ​There may be rare cases where legal aid is denied to an accused pe
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