Coroner's inquest Lawyers in Canada

Section 10(1) of the Coroners Act puts a duty on every person who has reason to believe that a deceased person died in certain circumstances. The person shall immediately notify a coroner or a police officer of the facts and circumstances relating to the death. The listed circumstances include violence, misadventure, negligence, misconduct, malpractice, and dying suddenly and unexpectedly. Where a police officer is notified, the officer shall in turn immediately notify the coroner.

A coroner decides whether an inquest is necessary or unnecessary. Section 20(1) says the coroner shall have regard to whether holding an inquest would serve the public interest. The coroner shall also consider whether the matters in section 31(1) are known, the desirability of the public being fully informed of the circumstances of the death through an inquest, and the likelihood that the jury might make useful recommendations directed to the avoidance of further deaths.

Some inquests are mandatory. Section 22.1 says a coroner shall hold an inquest into the death of a child upon learning that the child died in the circumstances described in the Child, Youth and Family Services Act, 2017.

Section 31(1) says that where an inquest is held, it shall inquire into the circumstances of the death and determine five things: who the deceased was, how the deceased came to their death, when, where, and by what means.

Section 31(2) says the jury shall not make any finding of legal responsibility or express any conclusion of law on any of those matters. Section 31(4) adds that a finding that contravenes subsection (2) is improper and shall not be received. Under section 31(3), the jury may make recommendations directed to the avoidance of further deaths or respecting any other matter arising out of the inquest.

For that reason an inquest does not decide a criminal charge. The Criminal Code points the same way. Section 576(3) says that no person shall be tried on a coroner's inquisition. If a person is charged with an offence, the charge is dealt with in a criminal court.

Section 41(1) says that, on the application of any person before or during an inquest, the coroner shall designate the person as a person with standing if the coroner finds that the person is substantially and directly interested in the inquest.

A person with standing may, under section 41(2), be represented by a person authorized under the Law Society Act to represent them. The person with standing may also call and examine witnesses and present arguments and submissions, and conduct cross-examinations of witnesses at the inquest relevant to their interest and admissible. A lawyer can explain whether a person is likely to meet the test for standing, and how to apply.

Section 13 of the Charter protects a witness. It says that a witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. The words any proceedings are broad, and a lawyer can explain how the section applies to testimony at an inquest.

Section 14 gives a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted, or who is deaf, the right to the assistance of an interpreter. Section 10 applies on arrest or detention and gives the right to be informed promptly of the reasons, and the right to retain and instruct counsel without delay and to be informed of that right.

Evidence taken at an inquest can also reach a criminal court. Section 551 of the Criminal Code says that when a justice orders an accused to stand trial, the justice shall send the court by which the accused is to be tried any evidence taken before a coroner that is in the justice's possession.

If a person is charged with an offence, the usual Ontario process applies. Every charge under the Criminal Code starts in the Ontario Court of Justice, and about 95% of charges are completed there. The Superior Court of Justice can try any indictable offence but generally tries only the most serious ones, such as murder, manslaughter and serious violent offences. Trials in that court are by a judge alone or with a jury.

A person who is arrested may be taken before a justice for a release decision. Under section 515, the justice shall make a release order without conditions unless the prosecutor shows cause why detention in custody is justified or why another order under that section should be made. After a conviction on indictment, an appeal goes to the court of appeal under section 675, as of right on a question of law alone and with leave on other grounds.

A lawyer can explain a person's position before an inquest and in any related criminal matter. Nothing on this page ranks or recommends any lawyer.

Legal Aid Ontario may pay for a lawyer if the person qualifies and is charged with a crime that could mean jail on conviction, or is 12 to 17 and charged under the Youth Criminal Justice Act. Duty counsel is a lawyer at the courthouse for that day. Duty counsel can advise on rights, ask to delay a court date, act at a bail hearing, help with a guilty plea, speak at sentencing, and meet the Crown, for people who qualify and have no lawyer.

A legal aid certificate pays a roster lawyer, one approved to take legal aid clients, for the length of the criminal case. Applications are online or by phone at 1-800-668-8258.

The Law Society of Ontario keeps a public Lawyer and Paralegal Directory, where a lawyer's licence can be looked up. The Ontario lawyers on this site are listed by city. Nothing on this page ranks or recommends any of them.