WHEREAS the National Criminal Justice Section has stressed that the preliminary inquiry is essential and should not be reduced in either access or scope, without first establishing through concrete evidence that preliminary inquiries unnecessarily consume time or resources unattributable to other factors and without first enacting legislation expanding the scope of disclosure;
WHEREAS over the past several years, governments have continually proposed limiting the use of preliminary inquiries, citing anticipated cost savings and to avoid having vulnerable witnesses testify twice;
WHEREAS apparent financial savings often overlook the advantages of preliminary inquiries, including increased resolution of cases prior to trial, fewer appeals and fewer wrongful convictions;
WHEREAS financial considerations cannot justify the erosion of procedural safeguards
when important liberty interests are at stake;
WHEREAS the Canadian Bar Association and other groups committed to individual liberties and constitutional protections have expressed significant concern about the hybridization of many criminal offences, resulting in fewer jury trials and preliminary inquiries;
BE IT RESOLVED THAT the Canadian Bar Association express a strong continued commitment to preserving the preliminary inquiry as an essential component of our criminal justice system.
Certified true copy of a resolution carried by the Council of the Canadian Bar Association at the Annual Meeting held in London ON, August 10-11, 2002.
John D.V. Hoyles
Executive Director/Directeur exécutif