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Most criminal cases will begin at the OCJ and will then proceed to the SCJ after a OCJ judge has conducted a preliminary hearing and decided to commmit the accused person to stand trial
Preliminary hearings are always heard at the OCJ by a provincial judge–this judge cannot be the trial judge, if the matter proceeds to trial
OCJ will hear the following types of criminal offences:
1) summary conviction offences,
2) less serious indictable offences under section 553 of the Criminal Code and,
3) indictable offences where the accused has elected to have his or her trial heard in the OCJ (excluding offences under s. 469)
Criminal trials at the OCJ are heard and decided only by a judge alone–there are no jury trials at this level
decisions from the OCJ dealing with indictable offences may be appealed to the Ontario Court of Appeal
is a superior level of trial court that has jurisdiction to hear any indictable offences
typically hears only the most serious criminal offences
Cases may be heard before a judge alone or judge and jury
all criminal trials that are heard before a judge and jury take place at the SCJ
decisions from the OCJ dealing with a summary conviction offences may be appealed to the Superior Court of Justice
decisions from the SCJ dealing with indictable offences may be appealed to the Ontario Court of Appeal
Note to readers: This page is solely for informational purposes and should not be considered legal advice. In order to ensure the protection of your rights and interests, please consult a criminal defence lawyer prior to acting or relying upon any information.
CONTACT FARJOUD LAW
If you or someone you care about has been charged, it is in your best interests to speak directly to a Toronto criminal lawyer. Call Farjoud Law at (647) 606-6776 to speak with a criminal lawyer to discuss your matter. We are available 24 hours a day, 7 days a week.
