Preliminary Inquiry: Who Gets One, Who Doesn't
The primary purpose of a preliminary inquiry is to screen out meritless allegations. A preliminary inquiry gives the accused the opportunity to have a judicial determination of whether the Crown can produce sufficient evidence to justify the case going forward to trial. On September 19, 2019 new amendments to the Criminal Code came into force. [FN1] These amendments substantially limit the availability of preliminary inquiries. Prior to the amendments, anyone in Ontario who had elected trial in the Superior Court of Justice (judge and jury, or judge alone) could request and, upon request, was entitled to a preliminary inquiry. The recent amendments limit that entitlement to offences that provide for a sentence of at least 14 years’ imprisonment. Those who have Requested a Preliminary Inquiry Before September 19, 2019 The amendments to preliminary inquiries do not apply to an accused who is charged with an indictable electable offence and who has electe...