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| The modern preliminary inquiry is primarily designed to protect the accused from being put on trial unnecessarily, and it is used as a tool for discovery of the Crown’s case by the defence. |
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| The judge at a preliminary inquiry will discharge an accused if there is admissible evidence which could, if it were believed, result in a conviction. |
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| The defence often calls witnesses at a preliminary hearing in order to get the charges dismissed. |
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| The defence often calls the accused at a preliminary hearing in order to get the charges dismissed. |
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| Perpetuated evidence may be used when a witness refuses to give evidence at a trial if the admission of the evidence would not be unfair to the accused. |
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| A move to decrease the number of indictable offences and to increase the number of hybrid offences would likely increase the number of preliminary hearings. |
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| The accused has a constitutional right to a preliminary inquiry |
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The public cannot be excluded from a preliminary inquiry.
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| The judge presiding over the preliminary inquiry can exclude evidence that is illegally or improperly obtained under section 24(2) of the Charter. |
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| A focus hearing takes place after a preliminary inquiry. |
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| Perpetuated evidence can be excluded if its admission would be unfair to the accused. |
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1.) What is the purpose of a focus hearing?
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What are the two pros and cons of a preliminary inquiry in criminal cases? Would you recommend that it continue to be abolished?
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The purpose of a preliminary inquiry is to determine if there is sufficient evidence for the crown to go to trial and it also serves as a way for the crown and defence to understand the strength and weaknesses of their case.
Pro: the preliminary inquiry is important to get information that can be used in the trial, for example, getting access to third party records. He says knowing this information before the trail starts helps speed up what the defence.
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What is the test applied at the preliminary hearing?
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| The statutory test for committing the accused to stand trial is whether there is "sufficient evidence to put the accused on trial for the offence charged or any other indictable |
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| Compare the test used at a preliminary inquiry with the test used by prosecutors in deciding whether to proceed with a case. what impact does this have on your recommendation in question 2? |
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| On what basis can the public be excluded from a preliminary inquiry? |
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- The public can be excluded from the preliminary inquiry under section 537(1)(h), "where the ends of justice will be best served by doing so".
- Section 539 allows for a ban on publication of proceedings at the preliminary inquiry. This order must be made if requested by the accused, and remains in force until the accused is discharged at the preliminary inquiry or if ordered to stand trial, until the end of the trial.
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