Does s. 471 of the Criminal Code of Canada require that evidence be taken in accordance with the provisions of Part XV relating to preliminary inquiries?
Saskatchewan, Canada
The following excerpt is from R. v. Boylan, 1979 CanLII 2333 (SK CA):
In Collinge v. Gee, 1968 CanLII 100 (SCC), [1968] S.C.R. 948, the Chief Justice, speaking for the court said: We are all of opinion that when s. 471 of the Criminal Code directs that the evidence of witnesses for the prosecutor and the accused shall be taken in accordance with the provisions of Part XV relating to preliminary inquiries it refers to and incorporates, mutatis mutandis, s. 453(1)(a) and (b) and none of the other subsections of that section.
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