The Crown applied for certiorari to set aside a preliminary inquiry judge's decision to discharge two respondents, Justin McGregor and Herve Kalonji, on various drug trafficking and criminal organization charges.
The Superior Court dismissed the application, affirming the narrow scope of jurisdictional review for preliminary inquiry decisions.
The court reiterated that such decisions are reviewable only for jurisdictional errors (e.g., failing to consider all evidence, impermissible weighing), not for errors of law or sufficiency of evidence.
The judge found that the preliminary inquiry judge properly exercised her jurisdiction in concluding there was insufficient evidence for committal, despite some potential errors in her reasoning regarding the evidence.
