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> | ||
{{ | {{CanLIIRP|Swystun|gc6z1|1990 CanLII 7682 (SK CA)|84 Sask R 238}}{{perSKCA|Gerwing JA}}<br> | ||
{{ | {{CanLIIRP|Stinert|gfz29|2015 ABPC 4 (CanLII)|604 AR 151}}{{perABPC|Rosborough J}}{{atL|gfz29|41}}<br> | ||
</ref> | </ref> | ||
; Disclosure | ; Disclosure | ||
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> | ||
{{CanLIIRP|Girimonte|6hrn|1997 CanLII 1866 (ON CA)|121 CCC (3d) 33 | {{CanLIIRP|Girimonte|6hrn|1997 CanLII 1866 (ON CA)|121 CCC (3d) 33}}{{perONCA|Doherty JA}} <br> | ||
{{ | {{CanLIIRP|Paulishyn|gx79v|2017 ABQB 61 (CanLII)|377 CRR (2d) 29}}{{perABQB|Yamauchi J}} | ||
</ref> | </ref> | ||
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> | ||