Can a denial of natural justice go to jurisdiction in Canada?
Alberta, Canada
The following excerpt is from R v Gerlitz, 2013 ABQB 576 (CanLII):
In Forsythe v. The Queen, 1980 CanLII 15 (SCC), [1980] 2 S.C.R. 268, Laskin C.J.C. confirmed (at p. 272) that a denial of natural justice goes to jurisdiction in Canada. He went on to state (again at p. 272): In the case of a preliminary inquiry, I cannot conceive that this could arise otherwise than by a complete denial to the accused of a right to call witnesses or of a right to cross-examine prosecution witnesses. Mere disallowance of a question or questions on cross-examination or other rulings on proffered evidence would not, in my view, amount to jurisdictional error.
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