What is the appropriate test for a preliminary inquiry judge to commit an applicant to trial?
Ontario, Canada
The following excerpt is from R. v. Adnan Omar, 2014 ONSC 6402 (CanLII):
The applicant’s position is that the preliminary inquiry judge committed a reversible jurisdictional error when he failed to analyze the totality of the evidence, failed to engage in a proper assessment and weighing of that evidence within the framework of analysis as set out in the United States of America v. Shephard, 1976 CanLII 8 (SCC), [1976] S.C.J. No. 106 and failed to serve his gatekeeper function by committing the applicant for trial. The Appropriate Test on this Application
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