What extraordinary remedies are available to a judge who failed to conduct a competency voir dire?
Ontario, Canada
The following excerpt is from R. v. Tesfai, 2013 ONSC 2772 (CanLII):
The extraordinary remedies of certiorari and mandamus are available if I am satisfied that the presiding justice’s failure to conduct a competency voir dire amounted to a loss of jurisdiction, an absence of jurisdiction, a refusal to exercise her jurisdiction or an action in excess of her jurisdiction: Forsythe v. The Queen, 1980 CanLII 15 (SCC), [1980] 2 S.C.R. 268.
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