Monday, May 26, 2014

Discovery not primary purpose of preliminary inquiry

R. v. Girimonte, [1997] O.J. No. 4961 (O.C.A.):

38. The fact that the preliminary inquiry may serve the discovery 
interests of the defence does not alter the purpose of the preliminary 
inquiry or the singular nature of the justice's function at the preliminary 
inquiry…In my view, discovery is an incidental benefit to the 
defence flowing from a process which requires the Crown to establish 
a case for committal for trial..." 

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