What is the test for committal under s. 548(1) of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Barreira et al., 2015 ONCJ 629 (CanLII):
[18] The test for committal under s. 548(1) of the Criminal Code is not a particularly onerous one. The standard of sufficiency as outlined in The United States of America v. Sheppard (1997), 1976 CanLII 8 (SCC), 30 C.C.C. (2d) 424 (S.C.C.), at p. 427, requires me to consider only “whether or not there is any evidence upon which a reasonable jury, properly instructed, could return a verdict of guilty” and committal must ensue “in any case in which there is admissible evidence which could, if it were believed, result in a conviction”.
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