What is the test to quash an order of committal?
Saskatchewan, Canada
The following excerpt is from R. v. Boylan, 1979 CanLII 2333 (SK CA):
In my respectful opinion, that is the correct test to be applied and it is in consonance with the test applied in Martin et al v. Her Majesty The Queen, supra. It follows that where, as here, there is no record of the proceedings from which the test can be made, the order of committal may be quashed by certiorari, and I would so order in this case.
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