Can a judge quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory section of the Criminal Code?
British Columbia, Canada
The following excerpt is from R. v. Lena, 2001 BCSC 118 (CanLII):
Certiorari is available to quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory provision of the Criminal Code: Forsythe v. The Queen (1980), 1980 CanLII 15 (SCC), 53 C.C.C. (2d) 225 (S.C.C.).
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