CRIM 330 Lecture Notes - Lecture 9: Guy Paul Morin, Arraignment, Res Judicata
8 Apr 2017
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Crim330 week 9: pre-trial matters (bail, disclosure, preliminary inquiry, arraignment & plea) Full time and part time contract crown counsel. Notice of intent to seek greater punishment. Exercises of prosecutorial discretion only reviewable for abuse of process. Tactics and conduct before the court are reviewable for a wider range of matters. Crown prosecutors are immune from being called to testify at a coroner"s inquest regarding their. Crown prosecutors may be called to testify at a gov"t inquiry since the crown has impliedly waived its. Picha v. lee inquest (2009) exercise of discretion. Bc (ag) v. davies (2009) immunity thru the terms of reference for the inquiry. Bail is determined by a sup ct. judge (s. 522) Bail determined by a justice (s. 515) Being a non-local resident does not justify detention. Pre-1997, two grounds: primary ground, secondary ground. 2008 revision to s. 515: tertiary grounds. Any other just cause in s. 515(10)(c) is invalid.
