Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing an accused person in Canadian criminal proceedings where a preliminary inquiry is requested to test the strength of the Crown's case. It provides defence counsel with a structured guide to evaluate eligibility, navigate pre-trial case management, and conduct the hearing.
Jurisdiction: This plan operates under Canadian federal criminal law and applies in provincial and superior courts of criminal jurisdiction. The forks address specific practice directions and scheduling procedures in: (1) Ontario, (2) Alberta, and (3) British Columbia.
The Process at a Glance: The process starts with a gateway assessment to verify that the offences charged carry a maximum penalty of 14 years or more, or meet historical offence exceptions. Counsel conducts a conflict check, executes the retainer, and files a designation of counsel. Counsel then conducts a Crown pre-trial and a mandatory judicial pre-trial. After satisfying case management requirements, counsel files a formal election and requests a preliminary inquiry. Counsel drafts and files a statement identifying issues and witnesses, serves subpoenas, and manages hearsay notices. Finally, counsel conducts the preliminary inquiry, cross-examines Crown witnesses, presents arguments against committal, and monitors the file for direct indictment risk.
Use this fork when conducting a preliminary inquiry in the Ontario Court of Justice (OCJ). It guides defence counsel through local case management, mandatory pre-trials, electronic scheduling, and rule-based filing.
Use this fork when representing an accused in the Alberta Court of Justice. It guides defence counsel through regional scheduling, Pre-Preliminary Inquiry Conferences, and the completion of mandatory Alberta criminal forms.
Use this fork when representing an accused in the Provincial Court of British Columbia. It guides defence counsel through the Criminal Caseflow Management Rules, pre-trial conferences, and date setting with Judicial Case Managers.
Key Legislation and Case Law: Governed by Part XVIII (Preliminary Inquiries) of the Criminal Code (Justice Laws) including sections 535 through 551. Jurisdictional boundaries are defined by the Bill C-75 amendments and the transitional exception rules established by the Supreme Court of Canada in R. v. Archambault, 2024 SCC 16. Case delay ceilings and defense-attributed delay are governed by the Canadian Charter of Rights and Freedoms and R. v. Jordan, 2016 SCC 27. The committal threshold is evaluated under the Shephard test set out in [United States of America v. Shephard, [1977] 2 S.C.R. 1067](https://www.canlii.org/en/ca/scc/doc/1976/1976canlii8/1976canlii8.html). Case law research and filings utilize neutral citations verified on CanLII (Canadian Legal Information Institute).
* 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 Preliminary Inquiry (Accused) 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.
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Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Statutory boundaries: Under the Bill C-75 amendments effective September 19, 2019, preliminary inquiries are limited to offences with a maximum sentence of 14 years or more. In R. v. Archambault, 2024 SCC 16, the Supreme Court of Canada confirmed that the amendments do not apply retrospectively. For offences committed before September 19, 2019, the pre-amendment regime applies, preserving a substantive right to a preliminary inquiry.
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.
Disclosure obligations: The Crown's constitutional duty to disclose all non-privileged, relevant information is established in R. v. Stinchcombe, [1991] 3 S.C.R. 326. The defence must maintain a disclosure log to track requests and receipts, protecting the record for potential delay or abuse of process motions.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.