Preliminary sections

Trial by

provincial court

judge13

Trial by

superior court

judge and jury

Trial by

superior court

judge alone

What type of

1

How does the Crown

choose to proceed?2

3

Hybrid

Indictably

IndictableSummary conviction

Summarily

Yes

s 469?4

Accused elects mode of trial5

No

Prov ct

Yes

Accused might

dispense with jury6

Judge alone Judge and jury

Crown could force

judge and jury7

Indictment could be preferred

without a preliminary inquiry8

Preliminary inquiry held9Discharge10

evidence

evidence

Accused may be able to re-elect — see Chart 2.4(b)12

No

Accused

enters plea11

Accused

enters plea11

Accused

enters plea11

Time of sentencing?1

Yes

Accused guilty

of primary designated

s 487.04(a.1)–(c.01)

and (c.03)–(d)?

4

Within 90 days of

sentencing?2

Yes No

Judge can

set hearing

date

No

Accused guilty of

secondary designated

6

Accused found not

criminally responsible

of designated

7

No

No order available9

No

Accused guilty of

primary designated

or (c.02)?3

No

Yes

Yes

Best interests of

justice to issue?8

Yes Yes

Yes

No

No

No order

available

Grossly

disproportionate

impact?5

No

Yes

No order available

Databank order

can be issued9

Yes No

1

The justice shall give reasons for

remanding or releasing the accused8

2

The accused

must justify

non-detention3

The accused

must justify

non-detention to

a superior court

justice4

The Crown must

justify detention5

Has the accused

discharged this

onus?6

Has the accused

discharged this

onus?

Has the Crown

discharged this

onus?7

No Yes Yes No

The

accused shall

be released

The

accused shall

remain in

custody

The

accused shall

remain in

custody

The accused

shall remain in

custody

The

accused shall

be released

The

accused shall

be released

1

Yes No

Yes

Forfeiture order unavailable

proceeds of crime?2

Yes

The court shall

make a forfeiture

order4

No

No

proceeds of crime related

3

Yes

The court

may make a

forfeiture order5

Forfeiture

order

unavailable

6

of criminal activity within the previous

ten years?7

inconsistent with their legitimate income?8

Yes

Yes

The court shall make a

forfeiture order9

No

No

No

Does the target have a reasonable expectation of privacy?1

No

No section 8 violation Section 8 violation

Yes

Is the search

authorized

by law?2

Yes

Is the law itself

reasonable?3

Is the manner of

search reasonable?4

No

No

No

Yes

Yes

Is there an urgent

threat of

serious harm?1

No

Does one of the

parties consent to

authorization?3

Yes

No

authorization

available

No authorization

needed: s 184.42

Yes

Risk of bodily harm

to that person?4

Too urgent to obtain

with reasonable

diligence?10

YesNo

Impracticable to

appear personally?6

Yes No

36-hour

authorization:

s 184.37

36-hour

authorization:

s 18811

Non-consent

authorization:

s 18612

Consent

authorization:

s 184.2(3)8

No

s 183?9

NoYes

Yes

No

authorization

needed:

s 184.15

No

Are there reasonable grounds to believe that the accused

1

Yes

A justice may

issue a warrant

for the accused’s

arrest

may arrest the

accused without

a warrant2

Did the accused

contravene, or

were they about to

contravene, terms of

release?4

Yes No

Accused remanded in custody unless release is justified6

Accused shall be released5

OR

A hearing will be held before a

justice or judge3

Are there reasonable

grounds to believe that

the accused committed

4

OR

No Yes

Does the count

provide too little

information?1

Would particulars

solve the problem?2

Is the count

a nullity?4

Provide particulars

Dismiss objection

Would an

amendment prejudice

the accused?6

Would an

adjournment cure

the prejudice?

Quash and lay

new count5

Acquit/dismiss

charge8

No

Yes

No

Yes

Yes

No

Yes

No

Is there a challenge

to the panel?1

Yes

No

Exemptions sought from trial judge —

some jurors excused or made to stand by3

Individual

juror called:

challenged

for cause?4

Persuade judge of basis

for challenge in s 638?5

Triers find

challenge true?6

Peremptory challenge?7

Jury panel

exhausted,

including

stand-bys?9

No

Yes

Swear juror

Have twelve

jurors been

selected

(or more

No

No

Yes

Does the challenge

succeed?2

Summon a new panel

Yes

No

Juror excused

No

Yes

No

No

The Anatomy of

Criminal Procedure

A Visual Guide to the Law

Steve Coughlan

Alex Gorlewski