What is the scope of review of a committal (or discharge) flowing from a preliminary inquiry?

Ontario, Canada


The following excerpt is from R. v. Jenkins, 2008 CanLII 44739 (ON SC):

It is well settled that the scope of review of a committal (or discharge) flowing from a preliminary inquiry is extremely narrow. In this context, review is strictly limited to errors of a jurisdictional nature. Errors of law (as distinct from errors of jurisdiction) are immune from challenge. The threshold for a finding of jurisdictional error is not easily met. As was observed by Laskin C.J.C. in Forsythe v. The Queen (1980), 53 C.C.C. (3d) 225 (S.C.C.), “the situations in which there can be a loss of jurisdiction in the course of a preliminary inquiry are few indeed.”

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