A preliminary hearing or preliminary inquiry is not a trial. It is not used to decide whether the accused is guilty or not guilty. It takes place so that the Crown attorney can establish that there is a case against the accused and, therefore, sufficient evidence to warrant the time and expense of a full trial.
A judge, the defence lawyer and the accused are also present. The judge determines if the case will proceed to trial and if so, will set a trial date.
The Crown attorney assigned to the preliminary inquiry may be different from the one assigned to the trial.
Members of the public, including the victim’s family members, are able to attend preliminary hearings.
Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.