What is the test for authority of a Justice at preliminary inquiry?
Ontario, Canada
The following excerpt is from R. v. Jenkins, 1996 CanLII 8292 (ON SC):
Part XVIII of the Criminal Code governs the conduct of the preliminary inquiry. It defines and circumscribes the duties, powers and function, in brief the authority and jurisdiction, of a justice at preliminary inquiry. It follows that any authority exercised or jurisdiction invoked must be found to have been conferred, either expressly or by necessary implication, by a provision of the Part. See, Doyle v. The Queen, supra, at p. 181 (S.C.C.), per Ritchie J.
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