What is the test for committal at a preliminary hearing?
Manitoba, Canada
The following excerpt is from R. v. Pilkington, 2012 MBPC 34 (CanLII):
The test for committal comes from the case of United States of America v. Shepard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 and directs a court that committal to stand trial is to occur where there is any admissible which could, if believed, result in a conviction. This test thus imposes a minimal standard on the issue of committal which is consistent with the screening purpose of a preliminary hearing. It is from this perspective that the court has to consider the evidence adduced and before the court.
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