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Old 03-11-2014   #42 (permalink)
sonofdob
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Join Date: Jan 2007
Location: in the wind...
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Quote:
Originally Posted by beam-eye View Post
Very interesting, Nikky. Thanks for your knowledgeable post:



For clarification of the wording of these Canadian regulations, which refer to an 'indictment' or an 'indictable offence', bringing an 'indictment' in the US requires a 'Grand Jury' decision to bring charges (as opposed to a prosecutor's office simply bringing charges on its own initiative). Does Canada have a 'grand jury' system that determines whether or not to indict (lay charges), meaning that the above regulations would apply only to that type of prosecution (i.e., by grand jury indictment, if there is a grand jury system), or is the term 'indictment' simply the catch-all terminology used in Canada for bringing (laying) any and all criminal charge by any means, whether by grand jury or by the district or state's attorney, meaning that all charges are initiated by 'indictment'?

DUIs for example, and possession of marijuana for personal consumption, and a host of other relatively 'minor' offenses are generally not considered to be 'indictable' offenses requiring the time or expense of grand jury deliberation, but are simply prosecuted by the District Attorney, or state Attorney General's office, and are thus not 'indictments' under the law. Just wondering if Canada uses a grand jury 'indictment' system, and if so, how the wording is interpreted in enforcing the regulations - e.g., someone prosecuted by a method other than by an indictment (i.e., prosecuted by the district or state's attorney, but not by grand jury indictment) would, based on the specific wording of the act, seemingly have grounds to contest denial of entry at the border on grounds that he had not been 'indicted' or that the crime was not an 'indictable offense'.
beam-eye...an indictable offence in Canada is an offence which can only be tried after a preliminary hearing has been held to determine whether there is a prima facie case to answer. In the USA, a crime of similar severity is called a felony while in Canada it is called a criminal offence...sonofdob
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