What is the argument made on behalf of the accused on an application for a preliminary hearing?
British Columbia, Canada
The following excerpt is from R. v. Anderson, 2001 BCSC 4 (CanLII):
The argument made on behalf of the accused on this application was as follows. A preliminary hearing has two aspects. Its primary purpose is to ascertain whether there is sufficient evidence to warrant a trial, but it also affords defence counsel an opportunity to ascertain the case against the accused: Re Skogman v. The Queen (1984), 1984 CanLII 22 (SCC), 13 C.C.C. (3d) 161 (S.C.C.), at 172. Despite the comment made in R. v. O’Connor that it may be necessary to reassess the extent to which the discovery rationale ought to be a consideration, it remains an ancillary purpose. As to what evidence is relevant or what witnesses may be called by the defence, it was argued that the narrow test for committal does not govern because the hearing also serves a discovery function. Although lengthy argument was made and many authorities referred to, the defence position comes down to this. The defence is entitled to call and examine witnesses in respect of all potential issues.
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