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Tag: criminal charge

SUBPOENAS: Compelling Witnesses to Testify!

The territorial effectiveness of all subpoenas, excepting those issued by a justice, is throughout Canada. The latter is valid only in the province in which it is issued.Enforcement  due to failure A witness under subpoena is required to attend the court at a specified time and to stay there until proceedings are concluded or they are

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PRELIMINARY INQUIRIES IN A CRIMINAL CHARGE CAN MAKE OR BREAK YOUR ACQUITTAL

Procedural rules for preliminary inquiries are given in Part 18 of the Criminal Code (Code). In order to protect an accused from being subjected to a public trial improperly or unnecessarily, a preliminary inquiry (or hearing) is held to ensure that the Crown has sufficient evidence to warrant a trial.  Primarily and most importantly, a charge-screening device, the preliminary inquiries serve a host of other

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DISCLOSURE VS. PRIVILEGED INFORMATION IN CRIMINAL INVESTIGATIONS

The Crown counsel (prosecutor) has limited discretion to withhold disclosure where disclosure would reveal information protected by privilege.  Such exceptions are solicitor-client privilege, police informer privilege, and the privilege to maintain the confidentiality of investigative techniques. The investigative techniques consists of any Crown work product.  Standard Crown work product, generally,

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CRIMINAL PRE-TRIAL & RELEASE

On being arrested and charged with an offence, an individual could be released by a police officer on his own or held for a bail hearing before a judicial officer. There are means along with applicable procedural requirements by which an adult accused can also seek release from custody.

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