Election

The making of a legal choice.

    Election by the Accused
        The procedure by which accused persons charged with certain criminal offences are given the choice to be tried by judge and jury or by judge alone at the Superior Court of Justice, or by a provincial judge in the Ontario Court of Justice. With certain criminal offences, the accused may elect to have a preliminary inquiry.
    Election by the Crown
        The procedure by which the Crown decides to prosecute a "hybrid" offence as a summary conviction or as an indictable offence. The major procedural difference is an indictable offence usually has a preliminary inquiry before trial.