What is the legal test for committal or discharge after a preliminary inquiry?

Ontario, Canada


The following excerpt is from R. v. Hall, 2003 CanLII 13025 (ON SC):

The authoritative test for committal or discharge after a preliminary inquiry under section 548(1) of the Criminal Code was stated by Ritchie J. in United States of America v. Sheppard (1976), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 (S.C.C.), at 427: I agree that the duty imposed upon a "justice" under s. 475(1) [now s. 548(1)] is the same as that which governs a trial Judge sitting with a jury in deciding whether the evidence is "sufficient" to justify him in withdrawing the case from the jury and this is to be determined according to whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. The "justice,” in accordance with this principle, is, in my opinion, required to commit an accused person for trial in any case in which there is admissible evidence which could, if it were believed, result in a conviction.

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