R. v. Ali

Summary

Two accused appealed a Superior Court order that set aside a preliminary inquiry discharge on first degree murder and directed committal. The Court of Appeal dismissed the appeals. It found the preliminary inquiry judge had held there was no evidence of planning and deliberation, which was wrong and a jurisdictional error. It left open whether the reviewing judge's "clearly unreasonable" statement fits existing authority.

Outcome

Appeals dismissed. The Superior Court order stands: the committal matter was remitted to the preliminary inquiry judge with a direction to commit both accused to trial on first degree murder. The court also declined to endorse the reviewing judge's statement at para. 31 that a clearly unreasonable conclusion can be evidence of jurisdictional error.

Why this case matters

The Court of Appeal upheld a review that set aside a preliminary inquiry discharge, finding a jurisdictional error where the judge concluded there was no evidence rather than insufficient evidence.

Paragraph references

Paras. 3-4 (jurisdictional error found); 6 (no evidence vs. insufficient evidence, Deschamplain); 7 (evidence of planning and deliberation); 8-10 (judge said no evidence; Sazant; weighing or failing to consider whole evidence); 11 (para. 31 statement not endorsed, left unresolved); 12 (disposition).