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| Patrick Ducharme |
Prior to recent amendments of the Code, there would be a preliminary inquiry whenever the accused elected to be tried in a court other than the Provincial Court. Now, a request has to be made in order to have a preliminary inquiry. If a request for a preliminary inquiry is made, the prosecutor, or, if the request is made by the accused, counsel for the accused, shall within the period fixed by rules of court made under section 482 or 482.1, or, if there are no such rules, by the Justice, provide the court and the other party with a statement that identifies the issues on which the requesting party wants evidence to be given at the inquiry; and the witnesses that the requesting party wants to hear at the inquiry.1 It is the party who requests the preliminary inquiry who is required to file a statement of issues and requested witnesses. As a matter of practice, generally, both parties file this statement with the court.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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