Court Appearances and Canadian Legal Terms

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June 20, 2014

The Crown attorneys in the Tim Bosma murder case have taken the extraordinary step of applying to the attorney general for permission to go straight to trial.
The Spectator has learned assistant Crowns Tony Leitch and Craig Fraser of Hamilton have applied for a direct indictment, which — if granted — would eliminate the need for a preliminary hearing.
Direct indictments are very rare, are only granted in the most serious and complicated cases and generally indicate the Crown believes it has a strong likelihood of conviction.

Smich and Millard made a brief court appearance Thursday by video, along with Millard’s girlfriend Christina Noudga, who is charged with being an accessory after the fact in Bosma’s death.
They will all appear again Aug. 7.

http://www.thestar.com/news/crime/2...rown_applies_to_take_case_right_to_trial.html
 
On the subject of preliminary hearings being avoided in this case , here are a few snips from a recent article :

WINNIPEG - Manitoba's top judges say they want to unclog the province's courts and get cases to trial sooner by possibly eliminating some preliminary hearings ..... it's ridiculous that a case that could go to trial in eight months takes four years. It can take up to two years before a preliminary hearing is complete, he said.

........ "Can you justify a system where a case that could conclude in eight months, concludes sometimes in a period of up to three to four years? .... Preliminary inquiries can tie up a courtroom for weeks at a time and have become mini-trials that have taken on a life of their own,

..... "The test for committal to trial (preliminary hearing) is a very, very low standard. In fact, the test for charging by police, and more importantly, the test for prosecution is a higher standard. So you ask yourself again, if that purpose doesn't really exist any more, why are we having preliminary inquiries?"

full article here http://www.winnipegfreepress.com/br...me-prelims-could-unclog-courts-264941121.html
 
Court Appearances Before the Trial

Several court appearances may occur before a trial starts. These are called pre-trial appearances or interim hearings. Their purposes include:

asking for adjournments while the accused finds a lawyer or gets more information about the charges;
formally requesting more information (called particulars) from Crown counsel about the charges;
entering a guilty or not guilty plea; and
letting the court know the Crown and defence are ready for trial.

http://www.justicebc.ca/en/cjis/understanding/how_it_works/hearings/pre_trial.html
 
This article is straightforward in answers for those asking why all those monthly court appearances. HTH.

There are basically ten steps in the trial process.
1. Arrest and Charge
2. Bail Hearing
3. First appearance / Obtaining disclosure
4. Crown resolution meeting
5. Judicial pre-trial
6. Preliminary inquiry
7. Trial
8. Verdict
9. Sentence
10. Appeal

The Pre Trial Process:
Appearances, Crown Conferences, Pre Trial, Disclosure. What to Expect

While disclosure is being obtained, the Court will order you or your lawyer to attend periodically, usually about every 4 weeks, and provide updates.

Interesting summary also:

Preliminary Inquiry
The preliminary inquiry was originally intended to force the Crown to prove to a judge that it had sufficient grounds to proceed to trial. Today the test for whether or not a matter will proceed to trial is so low, it can be met in virtually every case. Therefore, the preliminary inquiry is now mainly a "discovery" exercise for the defence.

http://www.canlaw.com/criminal/pretrial.htm#First
 
Monday, July 7, 2014

Matthew Wawrykiewych out on bail, next court date is August 11.
Matthew Odlum not in court today out on bail, next court appearance July 21.
Matthew Ward-Jackson, who is in jail and scheduled to make a video appearance on July 21.
DM and MS appeared by video. Both are scheduled to appear again on August 11th.

Millard looked awful and now has a beard and moustache. Smich appeared okay.

Millard’s lawyer was given disclosure. No one was in court on behalf of Smich to accept disclosure.

http://www.annrbrocklehurst.com/201...used-murderers-of-tim-bosma-and-laura-babcock
 
So aggravating. IMO. There doesn't seem to be information available to mere mortals at the AG's website. I dearly wish some enterprising member of the Fourth Estate would hustle up their connections and report this decision. Inquiring minds want to know.
 
July 18, 2014

The two men accused of killing Tim Bosma appeared in court Friday. It was their first court date since the Attorney General signed off on a decision to send the case straight to trial.

A date was set for their lawyers to meet with the Justice of the Peace. On September 9th, they’ll discuss issues in the case, whether any pre-trial motions will be made, and look at possible trial dates.

Millard and Smich won’t attend the pre-trial date on September 9th. They’ll be back in court on September 19th, when dates will be set for pre-trial motions, if there are any. The Justice of the Peace will also try to finalize a trial date at that appearance.

http://www.chch.com/bosma-accused-make-court-appearance/
 
July 18, 2014

Millard is looking heavier than he did when he was first arrested a little more than a year ago, and he now has a beard and shaggy hair. As usual, he stood in an orange jumpsuit at the Hamilton-Wentworth Detention Centre, hands folded in front of himself, speaking confidently when spoken to.

Smich, beamed in from Toronto East Detention Centre and also in orange, has not changed much during his months behind bars. Like always, he said little.

The Spectator has learned both defence lawyers – Deepak Paradkar for Millard and Thomas Dungey for Smich – made submissions opposing the direct indictment, yet Meilleur sent the case "straight to trial" as it is often phrased.

However, that doesn't mean the next step is the actual trial. There is a great deal of legal and procedural work that must be done first.

http://m.thespec.com/news-story/464...-alleged-bosma-killers-go-to-trial-clairmont/
 
July 18, 2014

Once the proceedings get to a point where evidence is entered – a bail hearing for Noudga could happen at some point – Sharlene Bosma will likely no longer be able to sit in court. It is almost certain she will be called as a witness at trial because she saw the men Tim left with the night he vanished. As a witness, she would be excluded from the courtroom until after she has testified.

But for now, she is there. Every single time.

http://m.thespec.com/news-story/464...-alleged-bosma-killers-go-to-trial-clairmont/
 
July 30, 2014

A bail hearing being held in a Hamilton court for Christina Noudga, the Toronto-area woman who is charged as an accessory after the fact in the death of Ancaster, Ont., man Tim Bosma, will continue Thursday.

Police had at one time speculated there was a third person involved in Bosma’s abduction and slaying, but Leitch said Noudga likely had no part in it.

http://www.cbc.ca/news/canada/hamil...aring-underway-in-tim-bosma-slaying-1.2722912
 
July 31, 2014

A Toronto-area woman accused of being an accessory after the fact in the murder of Tim Bosma will likely have to wait another week behind bars to learn if she will be granted bail.

Wearing a sleeveless white blouse, skinny jeans and brown heeled boots strung together by the shackles on her ankles, Noudga barely moved throughout the day's proceedings. Before she was taken away, she waved and mouthed "bye" to her parents and supporters with a brief, nervous smile.

The hearing is set to resume at 10:30 Friday, but a decision on Nougda's bail application isn't expected then, and could possibly be pushed back by scheduling until next Friday.

http://www.cbc.ca/m/touch/canada/story/1.2723941
 
August 1, 2014

It will be one more week before Justice Thomas Lofchik gives his ruling on whether Christina Noudga will be granted bail.

As she was led out of the courtroom, a shackled Noudga was scolded by a special constable after she turned and mouthed something to her parents.

"One more week," she mouthed, according to a CHCH reporter who witnessed the exchange.

http://www.thespec.com/news-story/4732299-noudga-bail-ruling-a-week-away/
 
Copy and pasted from MsSherlock's post #1216 from
Tim Bosma: Dellen Millard & Mark Smich chgd w/Murder; Christina Noudga, Accessory thread.
Thanks MsS.

http://en.wikibooks.org/wiki/Canadia...nterim_Release

Grounds of Denying Bail

Section 515(10) of the Criminal Code provides that bail may be denied in three situations:

(a) where the detention is necessary to ensure [the accused’s] attendance in court in order to be dealt with according to law;
(b) where the detention is necessary for the protection or safety of the public . . . including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
(c) on any other just cause being shown and, without limiting the generality of the foregoing, where the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the prosecution’s case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment.


– CCC

Primary Grounds

Under s.515(10)(a) bail can be denied "where the detention is necessary to ensure [the accused’s] attendance in court". This ground addresses whether the accused is a flight risk.

This can include factors such as:

family or community roots in the jurisdiction
citizenship / ownership of a passport
current residence
plans for release
employment
possibility of lengthy sentence
history of flight
criminal record for breaching court orders
availability of sureties

Secondary Grounds

Under s. 515(10)(b), bail can be denied "for the protection or safety of the public ... including any substantial likelihood that the accused will...commit a criminal offence or interfere with the administration of justice".

Substantial likelihood means "substantial risk". It is not the same as proof beyond a reasonable doubt or probability. [1]

Denial of bail can include factors such as:

seriousness of the offence
surrounding circumstances of the offence and offender
accused's potential culpability
degree of planning and deliberation
involvement of firearms
mental health issues / addiction issues
likelihood of lengthy sentence
strength of the Crown's case
risk or harm to victim
accused's criminal record
previous outstanding release conditions
history of abiding by court orders and conditions

R. v. Link 1990 ABCA 55; c.f. Walsh 2000 PEISC

Tertiary Grounds

Under 515(10)(c), bail can be revoked "in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the prosecution’s case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment."

In cases where the crime is heinous and the evidence overwhelming bail must be denied to preserve the public's confidence in the administration of justice.[1]

R v Hall [2002] SCJ No 65 at para. 26
 
August 8, 2014

Tim Bosma killing: Christina Noudga to be released on $100K bail

The 22-year-old woman from Etobicoke, Ont., will be required to wear an ankle bracelet that will track her movements, and she will be under house arrest. Noudga will be allowed outside her home to go to work or to attend school. Her parents have agreed to be responsible for the $100,000 bail amount if she defaults.

“She’s grateful that this phase of the ordeal is over and hopes to return to some degree of normalcy — not that there’s a lot of normalcy in a situation like this," said Mergler.

http://www.cbc.ca/news/canada/hamil...-noudga-to-be-released-on-100k-bail-1.2731080
 
SINCE I have been extremely busY this summer I would love it IF a few ppl here regularly can clarify a few things on HOW they are proceeding in the TIM BOSMA case...I know the preliminary hearing is not happening that was scheduled and the Crown iS taking IT right to court in early 2015...correct me if I am wrong..I did read it here....:

1. Are they going to make like an organized schedule like they did in The Tori case?

remember they proceed in chapters...sort of went day of abuction....the teacher testified who was the last person who saw POOR TORI before she left school and was snatched by Terri lynn.....than mom testified on here frantic search....using this as an example for those who did not follow it like many of us here.

2.It gave and organized format ...IMO...

3. I did read that there would be the Crown / defense going over all disclosure ...to make sure the defence has been given all disclosure....(please do correct me again...if I missed something..thks)


OFF TOPIC....does any one know what happened to moron paid appeal that we were suppose to be paying for?...tori forum has gone silent here.....thanks for any replies to the above questions..I appreciate it...terribly busy this summer....Robynhood....she waves at all websleuthers here....lol..
 
cansleuther said:
DM and MS were in Toronto court this afternoon for another video appearance.



https://twitter.com/HefCHCHNews/status/498855926259277824https://twitter.com/HefCHCHNews/status/498855926259277824
Click to expand...

Well, if that doesn't beat all! Over a year later and the Attorney General of Ontario, half of MSM, and most of the general public have put this case together with varying degrees of certainty, from absolute (AG) to "just the facts, ma'am (the press) to measuring the gallows (most of the public) and the accused STILL haven't received full disclosure of the evidence against them????


Here's a rather detailed description of exactly what "disclosure" entails. http://www.justice.gov.nl.ca/just/prosect/guidebook/009.pdf

What the heck. Let's dispense with the trial altogether, erect a guillotine for the occasion and just eliminate the accused the old fashioned way. Cheap and effective. I'll supply the knitting needles. Hey, we could even throw in Omar Khadr to delight our southern neighbors. I was thinking Canada Day might be a perfect date and Parliament Hill an excellent location. IMO. MOO. Rats. I can't find a suitably cynical smiley for the comment. Have to go with :banghead:
 
Carli said:
Well, if that doesn't beat all! Over a year later and the Attorney General of Ontario, half of MSM, and most of the general public have put this case together with varying degrees of certainty, from absolute (AG) to "just the facts, ma'am (the press) to measuring the gallows (most of the public) and the accused STILL haven't received full disclosure of the evidence against them????
Click to expand...

The Toronto appearances are for the murders of WM and LB.
 
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