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NCJ Number: 159039 Find in a Library
Title: Do We Still Need Preliminary Inquiries? Options for Changes to the Criminal Code -- A Consultation Paper
Corporate Author: Canada Department of Justice
Date Published: 1994
Page Count: 22
Sponsoring Agency: Canada Department of Justice
Ottawa ON K1A 0H8, Canada
Sale Source: Canada Department of Justice
Justice Bldg. Kent St., at Wellington St.
Ottawa ON K1A 0H8,
Type: Legislation/Policy Description
Language: English; French
Country: Canada
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
Main Term(s): Criminology
Index Term(s): Canada; Court reform; Foreign courts; Foreign criminal justice systems; Preliminary hearing
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