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After R. v. Jordan, expect more direct indictments

Tuesday, May 08, 2018 @ 9:58 AM | By Esther Carenza

In most cases, the Ministry of the Attorney General does not proceed by direct indictment, but the practice has become more prominent due to R. v. Jordan 2016 SCC 27.

Direct or preferred indictments are controversial in nature. Yet, discussions in R. v. Ertel  [1987] O.J. No. 516 (Ont. C.A.), state that since 1910 there is a long history that a preliminary inquiry was not needed before the Crown could decide on a preferred indictment. Currently, there are over 9,000 preliminary inquiries a year in Ontario...