What is a Preliminary Hearing?
A preliminary hearing is a court proceeding where the Crown prosecutor must present enough evidence in your case to convince a judge that, based on such evidence, a judge could find you guilty. The defence lawyer will have an opportunity to cross-examine witnesses on their evidence and argue to the judge after the Crown attorney has presented evidence, that there is not enough evidence to lead to a possible finding of guilt. If the prosecutor cannot satisfy the judge of that, the case will be dismissed. In most cases the crown satisfies the judge that there is enough evidence for a trial and trial date will be set.
