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.