Pre-enquete Proceedings 2.2.6

Following an initial intake court interview, the justice of the peace may conduct a pre-enquête

hearing to determine whether legal process should issue against someone on the basis

of information provided (e.g. whether criminal charges should be filed.)  This hearing takes place 

in a courtroom with a court reporter present.


Pre-enquête proceedings are conducted in camera. Transcripts of a pre-enquête hearing are

restricted to the public as follows:


Where the justice of the peace has adjourned the hearing, access is denied unless ordered by the 

Court


If Process is Issued:  For both private and Crown prosecutions,  the documents and transcripts of 

the pre-enquête hearing become publicly accessible once the defendant has been arrested or the 

summons has been served, unless there are other legislative restrictions to access (i.e. YCJA), or 

a specific order of the court restricting access.


If Process is Not Issued:  The documents and transcript of the pre-enquête hearing are not publicly 

accessible.


Where the justice of the peace has adjourned the hearing, access is denied unless ordered by the

Court.


K
Kim is the author of this solution article.

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