R. v. Black, 1998 CanLII 5042 (NS SC)
In coming to a decision respecting the election and plea any accused will be mindful of the mode of trial whether (in this jurisdiction) by judge and jury in the Supreme Court or by judge alone in the Supreme or Provincial Courts. Weighing those choices will implicate both substantive and tactical considerations, among them: the essential elements of the crime(s) charged; the extent to which the Crown's case is capable of proof; how will it likely be proved, by viva voce evidence or documentary evidence or both; is it the kind of case where credibility will be an important issue; if so, who best to make that assessment, judge or jury; would a preliminary hearing be useful to the defence or would such a step likely be waived; will the defence asserted by an accused be a technical one; if so, might the chances of success be better before a judge alone; how does the accused intend to negate the essential elements of the offense(s) including whatever general or ulterior intents are applicable; how likely is it that expert evidence will be called? Such considerations and countless others would be weighed by counsel and the accused, both before and after an election is made. All of that is part of the dynamic of any trial and essential to pre-trial preparation. While at this stage a reviewing judge would never know the theory of the defence or the tactics being considered, the features I have mentioned must be kept in mind when assessing the usefulness of the sought after information to the accused. I have considered all of these things in assessing Mr. Black's application.
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