The Crown brought an application for certiorari to quash a preliminary inquiry judge's order dismissing forgery charges against the respondents, who operated a medical clinic and allegedly signed medical marijuana access forms without proper authorization or specialist concurrence.
The Crown argued the judge committed a jurisdictional error by failing to consider the definition of a 'false document' under s. 321(b) of the Criminal Code.
The Superior Court agreed, finding that the preliminary inquiry judge failed to assess the whole of the evidence against the correct elements of the offence, resulting in a loss of jurisdiction.
The dismissal of the forgery counts was quashed and the matter remitted to the preliminary inquiry judge.
