The Crown appealed the dismissal of its application for certiorari and mandamus to set aside a preliminary inquiry judge's order discharging the respondent, an Emergency Task Force officer, on a charge of manslaughter.
The Crown argued the preliminary inquiry judge exceeded his jurisdiction by weighing the evidence regarding the careless use of a firearm.
The Court of Appeal dismissed the appeal, finding no jurisdictional error.
The preliminary inquiry judge properly engaged in a limited weighing of the circumstantial evidence, and there was no evidence of a marked departure from the standard of care required of an ETF officer.
