What is the test for committal of an accused at a preliminary inquiry?

Manitoba, Canada


The following excerpt is from R. v. Atkinson, 2004 MBQB 133 (CanLII):

In Skogman v. The Queen, 1984 CanLII 22 (SCC), [1984] 2 S.C.R. 93, after referring to the section of the Criminal Code that provides for an order to stand trial following a preliminary inquiry, Estey J. said at p.100: At a minimum, this section calls upon the presiding justice to form an opinion as to whether evidence is "sufficient" or whether "no sufficient case is made out" so as to justify a conclusion by the presiding justice "to put the accused on trial" or not to commit the accused to trial.... Estey J. went on to say, at p. 104 The courts of this country have, ... generally adopted the rule that a committal of an accused at a preliminary, in the absence of evidence on an essential ingredient in a charge, is a reviewable jurisdictional error....

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