Preface to 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.
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Canadian Criminal Procedure Volume 1 – Index of Cases

Patrick J Ducharme
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”

Preferring Indictments

Patrick Ducharme
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.

Canadian Criminal Procedure by Patrick J Ducharme

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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The Proper Method of Challenge

Patrick Ducharme
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.
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The Warning and Statement of the Accused

Patrick J Ducharme
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.
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Publication Bans

Patrick Ducharme
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.
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