Procedural Powers of a Preliminary Inquiry Judge: Difference between revisions
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Powers described in s. 537 should be "interpreted broadly so that the judge can carry out his mandate effectively."<ref> | Powers described in s. 537 should be "interpreted broadly so that the judge can carry out his mandate effectively."<ref> | ||
R v Swystun, [http://canlii.ca/t/gc6z1 1990 CanLII 7682] (SKCA){{perSKCA|Gerwing JA}}<Br> | ''R v Swystun'', [http://canlii.ca/t/gc6z1 1990 CanLII 7682] (SKCA){{perSKCA|Gerwing JA}}<Br> | ||
R v Stinert, [http://canlii.ca/t/gfz29 2015 ABPC 4] (CanLII){{perABPC| Rosborough J}} at para 41<Br> | ''R v Stinert'', [http://canlii.ca/t/gfz29 2015 ABPC 4] (CanLII){{perABPC| Rosborough J}} at para 41<Br> | ||
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The accused right to disclosure has no connection with the course of the preliminary inquiry. The power of the court to ensure that disclosure is met is not affected by the inquiry process.<ref> | The accused right to disclosure has no connection with the course of the preliminary inquiry. The power of the court to ensure that disclosure is met is not affected by the inquiry process.<ref> | ||
''R v Girimonte'' (1997), [http://canlii.ca/t/6hrn 1997 CanLII 1866] (ON CA), 121 CCC (3d) 33, 12 CR (5th) 332 (Ont CA){{perONCA|Doherty JA}} <br> | ''R v Girimonte'' (1997), [http://canlii.ca/t/6hrn 1997 CanLII 1866] (ON CA), 121 CCC (3d) 33, 12 CR (5th) 332 (Ont CA){{perONCA|Doherty JA}} <br> | ||
R v Paulishyn, [http://canlii.ca/t/gx79v 2017 ABQB 61] (CanLII){{perABQB| Yamauchi J}} | ''R v Paulishyn'', [http://canlii.ca/t/gx79v 2017 ABQB 61] (CanLII){{perABQB| Yamauchi J}} | ||
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Unavailable evidence that would assist in full answer and defence has no bearing on the preliminary inquiry process.<ref> | Unavailable evidence that would assist in full answer and defence has no bearing on the preliminary inquiry process.<ref> | ||