What is the test for committal to stand trial?
Manitoba, Canada
The following excerpt is from R. v. Castel, 2004 CanLII 24657 (MB PC):
The test for committal to stand trial is classically stated in The United States of America v. Sheppard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067, where the majority wrote: I agree that the duty imposed upon a “justice” under s 548(1) is the same that governs a trial judge sitting with a jury in deciding whether the evidence is is “sufficient” to justify him in withdrawing the case from the jury and this is to be determined according to whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.The “justice”, in accordance with this principle, is, in my opinion, required to commit an accused person for trial in any case in which there is admissible evidence which could, if it were believed, result in a conviction.
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