Issue regarding scope and purpose of s. 536.3 CC, requiring counsel to identify the issues at, and the evidence to be given at, a preliminary inquiry. Counsels Form A stated (in part): “… all evidence the Crown intends to rely to prove the case.”
Held: Statement of issues insufficient.
The statement of issues filed by counsel ought to include: a list of witnesses, the issues, admissions, and notice as to whether committal to stand trial is in issue. “The presence of an obviously deficient s. 536.3 CC statement… carries with it the risk that the request for a preliminary inquiry will be deemed to have been withdrawn.”
C. Paterson, Defence Counsel