Preliminary Inquiry Handbook

Lloyd Lombard

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Preliminary inquiry justices and both the subsequent reviewing and appellate courts have taken two very distinct and divergent paths when managing and reviewing preliminary inquiry related issues. Neither Parliament nor the Supreme Court of Canada have been successful in creating a well-defined boundary within which the preliminary inquiry, reviewing and appellate courts have accepted to manage the preliminary inquiry. This is because although Part XVIII of the Criminal Code contains all of the legislative provisions managing preliminary inquiries, the judicial expansion for discovery purposes which was noted by the Supreme Court in R. v. O'Connor continues to be the source of much debate resulting in marked rulings on both sides of the judicial equation. Preliminary Inquiry Handbook reviews how these two paths in conjunction with the courts' judicial expansion of discovery have affected the overall preliminary inquiry structure. The book also provides an overview of some of the key Part XVIII provisions and how the 2004 amendments have affected the preliminary inquiry process. Some topics which are reviewed at length include s.536.3 notices; section s.540(7) applications to tender evidence and related s.540(9) applications to cross-examine Crown witnesses; s.540(8) notices; focus hearings; s. 541 applications, along with the reviewing and appellate court's jurisdiction to rule on a preliminary inquiry justice's rulings. This book is an essential tool to any criminal law practitioner and a must have for any criminal law library.


Practice Area:
Criminal Law and Procedure,Evidence


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