Jurisdictional error in committal for trial

R. v. Gray, 2012 ONCA 7 deals with the often problematic issue of jurisdictional error in committal for trial.  The Court holds:

 

 

 

[3]              After reviewing the evidence and the preliminary inquiry judge's reasons, the application judge concluded as follows at para. 30:

 

I find that Justice Hunter did commit jurisdictional error by favouring inferences to the benefit of the respondent without regard to inferences which might well be favourable to the Crown's position.  I further find that Justice Hunter did not look at the totality of the evidence notwithstanding the fact that his reasons indicated that he had done so.

 

[4]              In our view, the application judge applied the correct test.  It is well established that a preliminary inquiry judge falls into jurisdictional error where he or she prefers an inference favourable to the accused over an inference favourable to the Crown or by failing to consider the whole of the evidence: see e.g. R. v. Sazant (2004), 208 C.C.C. (3d) 224 (S.C.C.).