What is the test for a preliminary inquiry judge conducting the preliminary inquiry into allegations of sexual assault?
Manitoba, Canada
The following excerpt is from R. v. Atkinson, 2004 MBQB 133 (CanLII):
The test to be applied by the judge conducting the preliminary inquiry in deciding whether or not to order the accused person to stand trial is the same whether the evidence is direct or circumstantial. See Mezzo v. The Queen, 1986 CanLII 16 (SCC), [1986] 1 S.C.R. 802, at pp. 843-43.
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