When will jurisdiction be lost in the course of a preliminary inquiry?
Ontario, Canada
The following excerpt is from R. v. Dawson, 1997 CanLII 12348 (ON SC):
There are few situations in which jurisdiction will be lost in the course of a preliminary inquiry. The most frequent source of complaint, not applicable here, is that an applicant has been ordered to stand trial in the absence of evidence capable of meeting the requirement of s. 548(1)(a) of the Criminal Code. Failure to observe a mandatory provision of the Criminal Code, or a denial of natural justice, will also result in jurisdictional error: see Forsythe v. R., 1980 CanLII 15 (SCC), [1980] 2 S.C.R. 268, 53 C.C.C. (2d) 225 at pp. 228-29, per Laskin C.J.C.
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