By Canadian Press

Limit on preliminary inquiries doesn’t apply to some ongoing cases: Supreme Court

Nov 1, 2024 | 10:26 AM

OTTAWA — The Supreme Court of Canada says a change to the law that limited the right of an accused person to a preliminary inquiry does not apply to some ongoing cases.

The top court’s ruling today helps clarify who is eligible for a preliminary inquiry — a judicial hearing to see if there is enough evidence for a trial — in light of a 2019 amendment to the criminal law.

In September 2019, a Criminal Code change abolished the right to a preliminary inquiry for an accused charged with an indictable offence punishable by less than 14 years in prison.

After the amendment, there was disagreement among judges across the country about eligibility whether a person charged with an offences before the law came into force would be eligible for a preliminary inquiry.

The Supreme Court says a preliminary inquiry is available when an accused person could actually face 14 or more years behind bars.

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The top court says a preliminary inquiry is also possible in some ongoing cases involving events that occurred before the 2019 change.

This report by The Canadian Press was first published Nov. 1, 2024.

Jim Bronskill, The Canadian Press