Crown Resolution Meeting
The Court requires that a resolution meeting be held prior to setting a date for trial.
This is usually held by telephone between the crown and your lawyer. The main purpose of the resolution meeting is to attempt a settlement. It is meant to be a frank, confidential discussion between counsel about the strengths and weaknesses of each others' cases and whether or not a resolution is possible.
Crowns will usually not meet directly with accused. There is no duty counsel for this stage. If you do not have a lawyer, a resolution meeting is unlikely to happen.
In theory, the Crown who holds the resolution meeting is not the Crown who is prosecuting.
The meeting will cover these topics:- The expected length of the trial
- What witnesses the crown intends to call at trial
- Whether there is further disclosure outstanding
- Whether there are any charter issues or special motions to be brought prior to the trial.
- What the crown will be looking for in terms of sentence if there is an early guilty plea
- What they would be looking for if the matter goes to trial.
If you insist on your right to a trial and are convicted, you will almost certainly get a stiffer sentence than had you just pleaded guilty before trial. You are penalized for asserting your constitutional rights. Not fair, not right, but that is the way the courts and the crowns operate.
Judicial Pre-Trial
The Courts may require a Judicial Pre-Trial.
The judicial pretrial is similar to a crown resolution meeting, but held before a judge. The same issues are discussed and the case evaluated by an experienced judge.
The judicial pretrial judge will not be the trial judge.
The case will be evaluated in the judge's chambers and off the record. Accused persons are not permitted to attend.
The judge will offer an opinion as to how they would rule and the likely sentence, if the case is tried as presented.
The Crown at the judicial pretrial will often make their best offer for a sentence if there is a guilty plea.
The judge hearing the judicial pretrial can receive the guilty plea that same day and there will be no doubt as to sentence.
Judicial input sometimes assists in more realistic assessments. The judge may also influence the parties to reach a resolution agreement or realize that no resolution is possible before trial.
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.
