What is the “legal test” used by the preliminary inquiry judge?

[6] Counsel have referred to the “legal test” delineating the role of the preliminary inquiry judge. The question to be asked by the preliminary inquiry judge under s. 548 of the Criminal Code is whether there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. The test is at times referred as “the sufficiency test” or the “threshold test” and has been referred to in many decisions, including and mostly the seminal decision of United States of America v. Sheppard [1977] 30 C.C.C.(2d) 34. The court framed the threshold test as follows: “The court must determine whether there is evidence upon which a reasonable jury, properly instructed could, if the evidence were believed, return a verdict of guilty.”