What is a jurisdictional error for a preliminary hearing judge to commit a person to trial?
Ontario, Canada
The following excerpt is from McHale v. Attorney General (Ontario), 2011 ONSC 4535 (CanLII):
A jurisdictional error occurs where a trier acts without statutory authority or in breach of principles of fundamental justice. For example it would be a jurisdictional error for a preliminary hearing judge to commit a person to trial unless there is evidence on each element of the alleged offence, as a lacuna of evidence would not meet the statutory requirement for sufficient evidence to commit, Skogman v. The Queen, 1984 CanLII 22 (SCC), [1984] 2 S.C.R. 93 at p. 106.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any reviewable error in a trial judge's causation analysis in a personal injury case? (Ontario, Canada)
Are evidentiary rulings by the preliminary inquiry judge not jurisdictional errors? (Ontario, Canada)
Can a preliminary inquiry judge commit an accused to trial where there is no evidence on the essential element of the charge? (Ontario, Canada)
What is the test for committing an accused to stand trial at a preliminary hearing? (Ontario, Canada)
What is the test for appealing on the ground of appeal against a finding that a trial judge committed a palpable and overriding error? (Ontario, Canada)
What is the appropriate test for a preliminary inquiry judge to commit an applicant to trial? (Ontario, Canada)
Is perjury committed in the course of both police statements taken under oath and at a preliminary hearing sufficient to qualify as an exceptional case? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
What jurisdiction does a judge have to overrule a judgment of another judge? (Ontario, Canada)
What is the test to commit a person for trial? (Ontario, Canada)
