still awake.

i really thought i had the right to elect to proceed via indictment if i wanted, but it seems like the difference comes down to appeal. and to an extent the indictment is just skipping to the higher court.

it seems like i get a pre-trial, which should give me the resolution meeting that i suspect will lead to dropped charges. that's good.

but, i'm not going to get a preliminary hearing. or, maybe, the trial is itself the preliminary hearing - and the appeal becomes the actual trial.

if i was proceeding by indictment as i thought, i would get the opportunity to put the case before a provincial court to determine if the evidence should go to trial in the superior court. there would be a hearing in provincial court, but no trial. if the provincial court decided there was enough evidence for a trial, it would just go right to superior court. but, because i'm proceeding summarily, i get a trial at the provincial court, instead. if i feel there's an error in law at the provincial court, i can then appeal to the superior court.

so, i think the difference is a little less than i initially thought, it's just a question of where the trial begins at. i was thinking that a preliminary hearing was an extra step that you introduce before you go to trial. but, it seems more like it's skipping a step, really, by eliminating the trial at the provincial court.

there's a part during the trial where i can move to dismiss the charges due to a lack of evidence - meaning i can treat the trial like a preliminary hearing, to an extent.

so, i'm still going in to set a meeting with the crown on wednesday, although i'm also going to ask for some more documents - all of the emails, and the complainant's impact statement. i will have documents to give the crown at the resolution meeting, including the opird report, the transcript of the bail hearing & my own written statements in this space.

one of the issues at trial is going to be a debate over what happened the week previously.

and, there is no mention of the 4 am phone call, at all - which i have the recording of.