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Under s. 536.3, where an accused elects to have a preliminary inquiry, counsel must provide the court and the other party with a statement that identifies the issues that the evidence should cover and a list of the witnesses expected to provide the evidence: Statement of issues and witnesses. 536.3 If a request for a preliminary inquiry is made ...
- Preliminary Inquiries
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- Applications and Motions Procedure
Standing. Any application or motion, be it procedural or...
- Preliminary Inquiries
- Provincial and Territorial Courts
- Federal Court
- Courts of Appeal
- Supreme Court of Canada
Provincial and territorial superior courts hear the most serious criminal and civil cases. These courts can also hear from people who claim that a law or action of any level of government is unconstitutional. They sometimes review the decisions of lower provincial and territorial courts.
The Federal Court hears cases that involve federal law, including constitutional challenges to federal law or actions. It can also review the decisions of most federal boards, commissions and tribunals. If a decision is considered unreasonable or unconstitutional, the judge can order the decision-maker to reconsider. Otherwise, the original decisio...
If either party disagrees with a judge’s decision, they can ask the Provincial/Territorial Courts of Appeal or the Federal Court of Appeal to review it. If the appeal court allows the appeal, it can reverse or change the judge’s decision, or order a new trial or hearing. Otherwise the decision stands. The person who appeals must show that the judge...
Parties who disagree with the appeal court’s decision can appeal to the Supreme Court of Canada – but they first have to ask the Court to hear the case (except in very limited circumstances for some criminal cases). The Supreme Court of Canada is the final court of appeal. It only agrees to hear cases that are important across the country or that h...
Jul 1, 2012 · 1.1 (1) The fundamental objective of these rules is to ensure that proceedings in the Ontario Court of Justice are dealt with justly and efficiently. (2) Dealing with proceedings justly and efficiently includes. (a) dealing with the prosecution and the defence fairly; (b) recognizing the rights of the accused;
Standing. Any application or motion, be it procedural or substantive, must be made by someone with standing (locus standi). [1] Standing concerns "the appropriateness of the court’s dealing with the particular issue presented" by the applicant. [2] It includes "the legal entitlement of [the applicant] to invoke the jurisdiction of the Court."
The Court found support for this conclusion in R v Rabba ... where the court stated “the failure to move for a stay of proceedings, either before or at trial, would, in most cases, be fatal. The failure to move for a stay of proceedings would normally amount to a waiver of any claim which may arise under s. 11(b) of the Charter.””)
If you receive the first type (Form 3), you have three options: (i) Plead guilty by paying the total amount shown on your ticket. (ii) Go to the court office shown on the ticket and plead guilty and make submissions about the penalty (including the amount of fine or how much time you have to pay). (iii) Ask for a trial date.
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A category of criminal offence that is usually more serious and carries a greater maximum sentence than summary conviction offences. This type of offence is often heard in the Superior Court of Justice, in front of a judge or jury. It can also be heard in the Ontario Court of Justice, depending on the accused’s election.
