What is the standard of proof required at the preliminary inquiry stage of a criminal proceeding?

Nova Scotia, Canada


The following excerpt is from Nova Scotia (Community Services) v. J.R., 2010 NSSC 222 (CanLII):

In Family and Children’s Services of Kings County v. Y.B., supra, Levy J. compared the standard of proof required at this interim stage, with the standard of proof required at the preliminary inquiry stage of a criminal proceeding at paras 7 and 8. Levy J. noted two different results flowing from this comparison. They are as follows: a. Judges must direct their minds to the issue of credible or trustworthy evidence. The court must only act upon evidence that it considers credible and trustworthy in the circumstances. b. The court must assess the evidence. The application will only be permitted to proceed when the court is satisfied that the Minister’s case reveals reasonable and probable grounds.

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