Chapter 4

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1. The information that the Crown must disclose to the defence includes information that might assist the defence in making a decision that may affect the conduct of the defence, such as whether to call evidence.

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2. There is an onus on defence counsel to diligently pursue disclosure from the Crown.

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3. Formal particulars become part of the indictment.

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4. The modern preliminary inquiry is primarily designed to protect the accused from being put on trial unnecessarily, and it is used as a tool for discovery of the Crown's case by the defence.

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5. The judge at a preliminary inquiry will discharge an accused if there is admissible evidence that could, if it were believed, result in a conviction.

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6. The defence often calls witnesses at a preliminary hearing in order to get the charges dismissed.

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7. If a preliminary hearing judge discharges an accused, the Crown can still proceed against the accused by direct indictment.

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8. Perpetuated evidence may be used when a witness refuses to give evidence at a trial, if the admission of the evidence would not be unfair to the accused.

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9. A move to decrease the number of indictable offences and to increase the number of hybrid offences would likely increase the number of preliminary hearings.

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10. Reciprocal disclosure does not exist in Canada.

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