Ontario Court of JusticeOntario Court of Justice Judges appointed by the provincial governmentJudges appointed by the provincial government Court of “inferior” jurisdiction – tries all Court of “inferior” jurisdiction – tries all

summary conviction offences & hybrid offences summary conviction offences & hybrid offences in which the Crown has elected to proceed in which the Crown has elected to proceed summarily (not by indictable method)summarily (not by indictable method)

Also tries all least serious indictable offences Also tries all least serious indictable offences (theft, fraud, possession of stolen property)(theft, fraud, possession of stolen property)

All trials in the Ontario Court of Justice are All trials in the Ontario Court of Justice are Conducted before a Judge AloneConducted before a Judge Alone

Ontario Superior Court of JusticeOntario Superior Court of Justice

Judges appointed by the federal Judges appointed by the federal governmentgovernment

Court of “superior” jurisdiction – tries Court of “superior” jurisdiction – tries all serious indictable offences (murder, all serious indictable offences (murder, sedition)sedition)

For “inbetween” indictable offences, For “inbetween” indictable offences, the accused can elect to proceed the accused can elect to proceed either to inferior court or superior courteither to inferior court or superior court

Preliminary InquiryPreliminary Inquiry Accused persons charged with Accused persons charged with

indictable offences (other than least indictable offences (other than least serious indictable offences) are serious indictable offences) are entitled to a preliminary inquiry held entitled to a preliminary inquiry held before a judge of the Ontario Court of before a judge of the Ontario Court of JusticeJustice

The purpose of this hearing is to The purpose of this hearing is to ensure that sufficient evidence exists ensure that sufficient evidence exists to commit the accused for trial before to commit the accused for trial before the Ontario Court of Justicethe Ontario Court of Justice

Pre-Trial ConferencePre-Trial Conference A pre-trial conference is a conference A pre-trial conference is a conference

attended by the judge, Crown and attended by the judge, Crown and the accused or accused’s lawyer to the accused or accused’s lawyer to promote a fair & expeditious trialpromote a fair & expeditious trial

Mandatory in all jury trials and may Mandatory in all jury trials and may be used in non-jury trials at the be used in non-jury trials at the request of the judge, the Crown, or request of the judge, the Crown, or the accusedthe accused

Crown DisclosureCrown Disclosure R. v. Stinchcombe – SCC – fairness requires R. v. Stinchcombe – SCC – fairness requires

that the Crown disclose all relevant that the Crown disclose all relevant information to the accused before trialinformation to the accused before trial

““The fruits of the investigation are not the The fruits of the investigation are not the property of the Crown for use in securing a property of the Crown for use in securing a conviction, but the property of the public to conviction, but the property of the public to be used to ensure that justice is done”be used to ensure that justice is done”

Protects accused’s constitutional right to Protects accused’s constitutional right to make full answer and defence in a “fair and make full answer and defence in a “fair and public hearing” under s.11(d) of the Charterpublic hearing” under s.11(d) of the Charter

After the Arrest: Pre-Trial ReleaseAfter the Arrest: Pre-Trial Release

Pre-Trial Release (usually called bail)Pre-Trial Release (usually called bail) It is a principle of our law that people It is a principle of our law that people

should not be held in jail before trial should not be held in jail before trial unless there is a clear reason for unless there is a clear reason for doing sodoing so

People are allowed to go freely about People are allowed to go freely about their business until their trialstheir business until their trials

After the Arrest: Pre-Trial ReleaseAfter the Arrest: Pre-Trial Release

The police officer in charge of the “lock-The police officer in charge of the “lock-up” at the station can also release the up” at the station can also release the accused if certain offences are involved.accused if certain offences are involved.

If released, the accused will sign a If released, the accused will sign a ““promise to appearpromise to appear” (later in court), or ” (later in court), or enter what is called a “enter what is called a “recognizancerecognizance” ” which is an agreement (signed at the which is an agreement (signed at the police station prior to release) that the police station prior to release) that the accused will pay a certain amount of accused will pay a certain amount of money if they fail to appear in courtmoney if they fail to appear in court

Hearing Before a Justice of the Hearing Before a Justice of the PeacePeace

If an accused is not release by the If an accused is not release by the police, they must be brought before police, they must be brought before a justice of the peace within 24 a justice of the peace within 24 hours, or as soon as possiblehours, or as soon as possible

Show cause: it is up to the Crown to Show cause: it is up to the Crown to show causeshow cause why the accused should why the accused should not be released:not be released:

Show Cause – Reasons Not to Show Cause – Reasons Not to ReleaseRelease

1. Accused will not show up for trial1. Accused will not show up for trial 2. Detention is necessary for the 2. Detention is necessary for the

protection or safety of the publicprotection or safety of the public 3. Accused will commit further crimes if 3. Accused will commit further crimes if

releasedreleased 4. Public interest: it is in the public 4. Public interest: it is in the public

interest to detain the accused (ex. Public interest to detain the accused (ex. Public outcry – believe that justice is being outcry – believe that justice is being done)done)

5. Safety of the accused (rare)5. Safety of the accused (rare)

Terms of ReleaseTerms of Release 1. Conditions: ex. An accused may be told not 1. Conditions: ex. An accused may be told not

to associate with certain people, to remain in to associate with certain people, to remain in a certain area, or to deposit a passporta certain area, or to deposit a passport

2. The r2. The recognizanceecognizance can also be issued with a can also be issued with a sureties. A sureties. A suretysurety is a person who will also is a person who will also sign the recognizance and be responsible for sign the recognizance and be responsible for paying the money agreed to if the accused paying the money agreed to if the accused fails to show up for trialfails to show up for trial

3. A money deposit along with the 3. A money deposit along with the recognizancerecognizance

SummonsSummons A summons is a document designed A summons is a document designed

to ensure an accused’s attendance in to ensure an accused’s attendance in court; issued by a justice of the piece court; issued by a justice of the piece or a judge after the arrest is madeor a judge after the arrest is made

Judicial Interim ReleaseJudicial Interim Release Release of an accused pending trial Release of an accused pending trial

or appealor appeal