The applicant sought certiorari to quash a committal order made by a preliminary inquiry judge.
The preliminary inquiry judge had admitted the complainant's written statement under s. 540(7) of the Criminal Code and denied the applicant's request to cross-examine the complainant under s. 540(9).
The Superior Court found that while the admission of the statement was an evidentiary error, it was not jurisdictional.
However, the blanket denial of cross-examination on the sole piece of evidence forming the Crown's case amounted to a breach of natural justice and a jurisdictional error.
The certiorari application was granted, and the matter was remitted for a new preliminary inquiry.
