SOCI-225 Lecture 7: Preliminary inquiries
10 Jan 2021
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Preliminary inquiries are heard by a provincial court judge. Summary conviction offences proceed differently from indictable offences in our court system and don"t involve a preliminary inquiry. The purpose of a preliminary inquiry is not to determine the guilt or innocence of the individual charged with a crime but rather to determine whether there is enough evidence to send the accused to trial. During a preliminary inquiry, a prosecutor attempts to show the judge that enough evidence exists for a criminal trial. The prosecution has the power to call as few or as many witnesses as it thinks necessary to prove to the judge that a case merits a trial. Once a witness testifies for the prosecution, defence counsel has the right of cross- examination. The defence has the right to call witnesses to support a claim of innocence. If the defence can prove to the judge that the prosecution doesn"t have a good case, there won"t be a trial.
