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8 Crim. L.Q. 141 (1965-1966)
Committals and Certiorari

handle is hein.journals/clwqrty8 and id is 155 raw text is: Committals and Certiorari B. M. Haines* In the defence of indictable offences the importance of a proper and adequate preliminary hearing can rarely be understated. At least from the viewpoint of defence counsel, it far surpasses its civil counterpart, the examination for discovery, in providing a unique opportunity, frequently the only one, fully to explore the case against the accused, and, where appropriate, to press for his discharge. Whatever function be accorded the preliminary hearing in any given case, it will almost always be a vital consideration in the defence of a criminal charge, and as a basis for defence preparation not infrequently decisive of the outcome.' Resort to certiorari as a means of quashing committals for trial, particularly where an accused has been deprived of a fair and proper preliminary hearing, has until recently been surrounded by doubt and confusion; perhaps suffici- ently so that there is at least hesitancy on the part of defence counsel to seek its application in appropriate situations.! The confusion, or at least lack of understanding, sur- rounding certiorari is not assisted by the presence of the writ of habeas corpus with certiorari in aid - another, but different and distinct remedy frequently used to chal- lenge committals for trial. This latter remedy is peculiar to just a few jurisdictions, including Ontario, where it *Bruce M. Haines was born in Toronto in 1936. He graduated from the University of Toronto with a B.A. in 1958 and an LL.B. in 1961. He was called to the Bar in 1963 and is presently associated with the firm of Kimber and Dubin in Toronto. As an undergraduate he had two articles published in the University of Toronto Faculty of Law Review. Preliminary hearings generally are admirably discussed by G. Arthur Martin, Q.C. in Law Society of Upper Canada - Special Lectures, 1955, Evidence, at page 1. 'See Roger E. Salhany, Review of Committals for Trial, 8 Crim. L. Q. 31 (1965). Mr. Salhany expressed the view at page 33 that the law respecting certiorari to quash committals was unsettled.

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