 |
| Patrick Ducharme |
The accused has the right to call witnesses. This right is mandatory and therefore the Justice does not have discretion to prevent the accused from calling witnesses or to order him to stand trial without giving the accused an opportunity to call witnesses even if the Justice is satisfied there is sufficient evidence to order that the accused to stand trial without hearing further evidence.
Refusal to allow the accused to call witnesses amounts to jurisdictional error, making the refusal a basis for challenge by extraordinary remedies.3 An order of committal may still be made pursuant to section 548 even if the accused adduces exculpatory evidence under section 541.4 The Justice is not required to weigh the evidence or assess credibility. The Justice must commit an accused person for trial in any case where there is admissible evidence that could, if it were believed, result in a conviction.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
Subscribe to Patrick Ducharme's Youtube Channel