Can defence counsel call evidence at a preliminary hearing under section 541 of the Criminal Code?

British Columbia, Canada


The following excerpt is from Regina v. McFadden and Rao, 2010 BCPC 218 (CanLII):

He cited the case of Regina v. Francis, [2005] O.J. No. 1868, which is relevant to the interpretation of section 540 (7) of the Code, but does not address the issue of the scope of the accused’s ability to call evidence at a preliminary hearing. The presiding judge concluded the decision with this penultimate comment: The crown can close its case whenever it chooses, but subsection 541(5) appears to allow defence counsel the right to call evidence so long as it is relevant to the inquiry with such modification as the circumstances require. I have yet to hear argument as to which, if any, witnesses defence counsel may call once the crown's case is complete. The words "with such modification as the circumstances require", suggests I may have some discretion to allow or limit the witnesses, the scope of their examination, and the kind of evidence they can give, but this has yet to be argued.

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