Preliminary Inquiry
A preliminary inquiry is a pre-trial hearing in the Ontario Court of Justice (Provincial Court) where the court determines whether the Crown has presented sufficient evidence to commit the accused to stand trial in the Superior Court of Justice. The threshold is low: the Crown only has to satisfy the judge that, on the evidence presented, a properly instructed jury could reasonably convict — not that conviction is likely.
When a preliminary inquiry is available
After Bill C-75 came into force in 2019, preliminary inquiries are available only for offences punishable by 14 years' imprisonment or more, and only when requested by the Crown or defence. That change eliminated preliminary inquiries for most of the offences that previously qualified — including many fraud, theft, and assault matters. For the offences that remain eligible (murder, aggravated sexual assault, robbery, certain drug offences), the inquiry is a discretionary tool for the parties.
What happens at a preliminary inquiry
The Crown calls the witnesses it considers necessary to make out the case. The defence has the opportunity to cross-examine those witnesses, but typically does not call evidence. The presiding judge does not weigh credibility — they assess only whether the evidence, taken at its highest, could support a conviction. The vast majority of preliminary inquiries result in committal to trial.
Why the defence may want one
Even though the threshold for committal is low, preliminary inquiries serve important purposes for the defence: testing key Crown witnesses on cross-examination, often well before the trial date; locking down evidence — inconsistencies between preliminary inquiry testimony and trial testimony can be devastating on cross-examination; assessing the strength of the case in a way that informs resolution decisions; and identifying issues for pre-trial Charter motions, expert evidence, and trial strategy.
Preliminary inquiry vs. discharge
If the judge concludes that the evidence is insufficient even at the low committal threshold, the accused is discharged on that count. A discharge at preliminary inquiry is not an acquittal — the Crown can re-lay the charge under a direct indictment if the Attorney General consents — but it is a significant defence outcome and is rare in practice.
Strategic use of the preliminary inquiry
Whether to elect a preliminary inquiry on an eligible offence is a strategic decision that depends on the case. The lawyers at Mass Tsang LLP weigh the value of cross-examining Crown witnesses early against the time cost and the potential to harden the Crown's case before trial. For a broader look at Canadian criminal court process, see our comprehensive guide for the accused.
Related glossary terms
