CJS 211 Lecture Notes - Lecture 15: Summary Offence, Statutory Interpretation, Actus Reus
13 Aug 2020
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It is like a mini trial to decide whether the case should go to trial. It is a hearing to determine whether the prosecution has introduced enough evidence that, if believed at trial, would support a conviction. Preliminary inquiry is held on request and might be restricted to particular issues. It has evolved into a safeguard against unnecessary trials. The supreme court of canada is the final and highest court in the country, and hears appeals primarily from judgments of provincial courts of appeal. Primary deals with appeals from court of appeal. More often or not leave is required. Appeal can be based on constitutional challenge on a legislation, sentence, etc. Constitutional requirement only 3 need to be from quebec. The court of appeal hears appeals of indictable offences and (with leave) appeals from summary conviction appeal judgments in the superior court of justice. Appeals of indictable offences from either ocj or scj.
