What is a jurisdictional error for a preliminary hearing judge to commit a person to trial?

Ontario, Canada


The following excerpt is from McHale v. Attorney General (Ontario), 2011 ONSC 4535 (CanLII):

A jurisdictional error occurs where a trier acts without statutory authority or in breach of principles of fundamental justice. For example it would be a jurisdictional error for a preliminary hearing judge to commit a person to trial unless there is evidence on each element of the alleged offence, as a lacuna of evidence would not meet the statutory requirement for sufficient evidence to commit, Skogman v. The Queen, 1984 CanLII 22 (SCC), [1984] 2 S.C.R. 93 at p. 106.

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