The appellant was discharged at a preliminary inquiry after the judge applied a 'beyond a reasonable doubt' standard to the identification evidence.
The Crown successfully applied for certiorari to quash the discharge, which was upheld by the Court of Appeal.
On appeal to the Supreme Court of Canada, the Court held that certiorari is available to review a discharge at a preliminary inquiry only for jurisdictional error.
The Court found that the preliminary inquiry judge committed a jurisdictional error by applying the wrong standard of proof, thereby arrogating to himself the function of the trial court to determine guilt or innocence.
The appeal was dismissed.
