The decision of a magistrate to commit an accused to trial at a preliminary inquiry is not subject to appeal. But the decision is subject to judicial review provided a jurisdictional error has been committed.
Of course, what is an error going to jurisdiction as opposed to an error within jurisdiction? The question is a difficult one but Friday's decision in R. v. Suissa, 2008 ONCA 860 suggests a failure to give adequate reasons is not, in itself, a jurisdictional error.
The Court held:
"First, we do not accept that the inadequacy of reasons given for committal for trial is per se a jurisdictional error. "
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
2 comments:
James,
Please excuse this very off topic comment but I thought this might be of some amusing interest to you.
Lonely man jumps in polar bear Knut's cage in Berlin; keepers lure bear away with leg of beef
Thanks SASSY!!!!
Post a Comment