NCJ Number
159039
Date Published
1994
Length
22 pages
Annotation
This report is part of the Department of Justice Canada's investigation into the views of participants in the criminal justice system vis-a-vis the need for preliminary inquiries, and options for reforming the process.
Abstract
At the preliminary inquiry, the prosecution must prove that there is sufficient evidence to proceed to a trial. The first section of the report outlines principles of the Canadian criminal justice system, the role of a preliminary inquiry in that system, the power of the judge at the preliminary inquiry, relevant court decisions, arguments opposing and favoring the current system, and the Canadian framework for law reform. The second section discusses options for changing the system. These options include keeping the preliminary inquiry process the same, keeping the process only for charge screening purposes, keeping the inquiry and giving the judge more power to evaluate the evidence, making the inquiry available only under specific circumstances, replacing the preliminary inquiry process with other mechanisms, and abolishing the preliminary inquiry altogether. 15 notes