Can a supervisory court correct errors of law made in the course of a preliminary inquiry?

Alberta, Canada


The following excerpt is from R. v. Tam, 1999 ABQB 392 (CanLII):

A preliminary inquiry is not a trial. It is therefore inappropriate for a supervisory court to use its supervisory powers to correct errors of law made in the course of the inquiry. However, errors which go to the preliminary inquiry judge’s jurisdiction are reviewable: Regina v. Dubois (1986), 1986 CanLII 60 (SCC), 51 C.R. (3d) 193 (S.C.C.).

Other Questions


In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
What authority does the Court of Appeal have in common with the Courts of Appeal in England and Wales? (Alberta, Canada)
In an action for rescission due to an error in an advertisement, is the error in substantiating a claim? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
What is the legal test for determining whether a question of mixed fact and law is correct or palpable and overriding error? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
In an application for a writ of habeas corpus, is the court bound by virtue of the fact that the court has granted custody of a child in a custody dispute? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.