Legal Project Management Plan & Checklist
Defend robbery charges under s. 343 of the Criminal Code in the Superior Court of Justice. Guide to requesting and executing a preliminary inquiry in Canada.
When can you request a preliminary inquiry for robbery?: Robbery carries a maximum penalty of life imprisonment, satisfying the threshold of 14 years or more under section 535 of the Criminal Code. A defendant who elects trial in the Superior Court of Justice (SCJ) may file a formal request for a preliminary inquiry under section 536(4) to test the Crown's evidence before trial.
What is the constitutional delay limit for an SCJ trial?: The constitutional delay ceiling for matters proceeding in the Superior Court of Justice, or any matter involving a preliminary inquiry, is 30 months from the date the Information is sworn (R. v. Jordan). Exceeding this limit without defence-caused delays allows for a section 11(b) Charter stay application.
How does a joint preliminary inquiry work for co-accused?: Under section 536(4.2) of the Criminal Code, if multiple co-accused are jointly charged on the same Information and one requests a preliminary inquiry, the inquiry must be held for all co-accused to prevent fractured proceedings.
Jurisdiction: Superior Court of Justice, Ontario.
The Process at a Glance: The matter starts in the provincial court for intake, bail, and early case management. Following the Stinchcombe disclosure audit and Crown Pre-Trial, the client elects to be tried by an SCJ judge (with or without a jury). Counsel must rapidly file a formal request for a preliminary inquiry and a statement of issues and witnesses. The preliminary inquiry is conducted to cross-examine key witnesses under oath. If committed for trial, the matter moves to the SCJ for a secondary pre-trial, Charter motions, and the final trial.
Key Legislation and Case Law: Section 536 establishes the right of election and the procedure for requesting a preliminary inquiry. The 30-month Jordan ceiling is the critical timeline metric. Mandatory minimums (s. 344) and ancillary weapons prohibitions (s. 109) apply strictly upon conviction in the SCJ.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Criminal Law: Robbery Defence - Trial in Superior Court of Justice (with Preliminary Inquiry) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
If co-accused are jointly charged, carefully monitor their elections. Under s. 536(4.2), if one co-accused requests a preliminary inquiry, it must be held for all co-accused on the same Information.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Under s. 548(1), the judge must commit the accused for trial if there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty (the Sheppard test).
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
The SCJ JPT is governed by the Criminal Proceedings Rules for the Superior Court of Justice (Ontario). A completed Form 17 must be filed.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.