Jeff Campbell

The appellants appealed a decision refusing to quash their committal for trial.

They argued the preliminary inquiry justice lost jurisdiction by refusing to allow them to call witnesses who had provided information relevant to judicial pre-authorizations, which they intended to use to establish Charter breaches.

The preliminary inquiry justice and the appeal judge treated the proposed witnesses as sub-affiants who could only be cross-examined with leave.

The Court of Appeal dismissed the appeal, holding that the witnesses were properly characterized as sub-affiants and that the refusal to allow their cross-examination at the preliminary inquiry did not impair the appellants' right to make full answer and defence.

The appellant, a police officer, appealed the dismissal of his application for certiorari to quash his committal to stand trial on charges of breach of trust, obstruction of justice, and conspiracy to obstruct justice.

The appellant argued that the evidence from the preliminary inquiry only showed he attempted to assist a friend navigate the criminal justice system.

The Court of Appeal dismissed the appeal, agreeing with the reviewing judge that the totality of the evidence, including intercepted communications and the appellant's use of his position to access court officials, was sufficient to justify the committal to stand trial.