The accused was charged with historical sexual offences.
At the preliminary inquiry, the judge discharged the accused, finding no evidence of non-consent, despite the complainant's testimony that he did not want to engage in the activity.
The Crown successfully applied for certiorari, but the Court of Appeal restored the discharge.
The Supreme Court of Canada allowed the Crown's appeal, holding that the preliminary inquiry judge committed a jurisdictional error by failing to consider the whole of the evidence, specifically the direct evidence of lack of consent, and thus exceeded his jurisdiction.
