Can a preliminary inquiry judge commit an accused to trial where there is no evidence on the essential element of the charge?
Ontario, Canada
The following excerpt is from R. v Layugan, 2015 ONSC 4003 (CanLII):
It is a jurisdictional error for a preliminary inquiry judge to commit an accused to trial where there is no evidence on an essential element of the charge. See Skogman v. Regina, 1984 CanLII 22 (SCC), [1984] 2 S.C.R. 93, at p. 104; Sazant at paras. 16 and 17.
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