What is the legal test for committal to trial after a preliminary inquiry?
Ontario, Canada
The following excerpt is from 495793 Ontario Ltd. et al v. Barclay et al, 2014 ONSC 3517 (CanLII):
In Hill, there was a committal to trial after a preliminary hearing. The standard for committal to trial at the preliminary inquiry is very low: whether there is any evidence upon which a reasonable jury properly instructed could convict (United States of America v. Shephard 1976 CanLII 8 (SCC), [1977] 2 S.C.R. 1067 at p. 1080; 70 D.L.R. (3d) 136). The preliminary inquiry judge is not permitted to weigh evidence or assess credibility. Often the defence does not call evidence. The focus at the preliminary inquiry is not the quality of the police investigation as it is in a tort case.
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