Preliminary Inquiry (Accused) - Ontario Practice Direction - Provincial Court Procedure

Purpose of this Guide: 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.

Jurisdiction: Ontario Court of Justice, operating under local Criminal Rules of the Ontario Court of Justice and provincial practice directions.

The process begins by satisfying out-of-court Crown pre-trial requirements. Counsel then coordinates a mandatory Judicial Pre-Trial with a provincial court judge, ensuring the endorsing judge's name is recorded. Following JPT endorsement, counsel submits the Trial/Preliminary Inquiry Scheduling Form (Form OCJ v.3) to the Trial Coordinator to secure dates. Counsel files a written Notice of Election under section 536.2 and a preliminary inquiry request. Counsel serves and files the Statement Identifying Issues and Witnesses, and brings any necessary Rule 2.1 Form 1 applications at least thirty days before the hearing. Counsel conducts cross-examinations at the preliminary inquiry, files Form 3 Consents for procedural issues, and monitors for post-discharge direct indictment risk.