What is the legal test for committal under s. 475(1) of the Criminal Code?

Manitoba, Canada


The following excerpt is from R. v. Hyra, 2012 MBQB 120 (CanLII):

The test for committal has been described in numerous cases, the most notable of which is United States of America v. Shephard, 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 at p. 1080: I agree that the duty imposed upon a "justice" under s. 475(1) is the same as that which governs a trial judge sitting with a jury in deciding whether the evidence 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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