Defence counsel is not the alter ego of the client. The function of defence counsel is to provide professional assistance and advice. He must, accordingly, exercise professional skill and judgment in the conduct of the case and not allow himself to be a mere mouthpiece for the client.
– G. Arthur Martin
Continue reading “Preface to Canadian Criminal Procedure – Volume 2”
The following are the contents of Volume 1 of Canadian Criminal Procedure. You can find more information on any topic covered by searching this Web site or by reading the book. We add more of Patrick Ducharme’s articles to this site every day.
Preface 2
Introduction 4
CHAPTER ONE
Continue reading “Contents of Canadian Criminal Procedure Volume 1”
At the time of this writing, people worldwide are suffering the stress, fears, and anxiety that one would expect after two years of coping with COVID-19. Such fears extracted an emotional toll on both mind and body. It’s a frightening time. Businesses have been forced to close. Those that have tried to stay open, or re-open safely, continue to struggle.
Continue reading “Preface to Canadian Criminal Procedure, Volume 1”
 |
| Patrick J Ducharme |
The following is an index of cases referenced in Volume 1 of Canadian Criminal Procedure:
Index of Cases
Bisaillon v. Keable [1983] 2 SCR 60 (SCC) 247
Borowski v. Canada (A.G.), [1989] SCJ No. 14 (SCC) 419
Brown v. Durham (Regional Municipality) Police Force (1998), 21 C.R. (5th) 1.(ONCA). 276
Canadian Dredge and Dock Company v. R., [1985] 1 SCR 662 (SCC) 307 Continue reading “Canadian Criminal Procedure Volume 1 – Index of Cases”
 |
| Patrick Ducharme |
Even if an accused has been discharged at the preliminary inquiry, the prosecutor may obtain a direct indictment pursuant to section 577 if the Attorney General or Deputy A.G. consents in writing.
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.
Subscribe to Patrick Ducharme's Youtube Channel
 |
| Patrick Ducharme |
Subsection 523(2)(c) permits a Justice “at the completion of the preliminary inquiry” to vary any release or detention order in relation to an offence for which the accused is ordered to stand trial, other than for an offence listed in section 469.
Continue reading “Changing Bail at Preliminary Inquiry”
| |
| Patrick Ducharme |
Decisions on the reasonableness of subsection 540(8) notice or subsection 540(7) decisions on credible or trustworthy evidence are not appealable. They are also not easily reviewable by way of extraordinary remedy. Challenges to an order of committal, or, alleged jurisdictional errors related to the evidence taken at a preliminary hearing are limited to relief sought by way of certiorari, mandamus or prohibition. The scope of these extraordinary remedies is very limited. They require proof of jurisdictional error.
Continue reading “The Proper Method of Challenge”
| |
| Patrick Ducharme |
The Justice may apparently grant or refuse permission to the prosecutor or counsel to address the court in support of the charge, by way of opening or summing up or by way of reply. The case law, however, suggests strongly that both counsel should be afforded an opportunity to make submissions.
Continue reading “Submissions at Preliminary Hearing”
| |
| Patrick J Ducharme |
Before hearing any witness called by an accused who is not represented by counsel, the Justice shall address the accused as follows or to like effect:
Do you wish to say anything in answer to these charges or to any other charges, which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat.
Continue reading “The Warning and Statement of the Accused”
| |
| Patrick Ducharme |
Prior to the commencement of the taking of evidence at a preliminary inquiry, the Justice holding the inquiry may, if application is made by the prosecutor, and shall, if application is made by the accused, make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as the accused is either discharged, or if ordered to stand trial, the trial is ended.
Continue reading “Publication Bans”
