Editing Certiorari (section)

==Canada==

In Canada, ''certiorari'' is a rarely-used power, part of the inherent jurisdiction of the superior courts. It is usually used to cancel a lower court's decision because of an obvious mistake. 

In ''R. v. Awashish,'' 2018 SCC 45, the [[Supreme Court of Canada]] restricted the use of ''certiorari'' in criminal matters. It ruled that ''certiorari'' can only be used to correct jurisdictional errors, i.e. when a court makes a decision that is out of its power to make; it cannot be used to correct legal errors, i.e. where a court makes a decision it is allowed to make, but decides incorrectly. The latter type of error can only be challenged through an appeal, once the court makes a final decision in the case. This is part of a general prohibition on [[interlocutory appeal]]s in criminal matters. ''Certiorari'' is also available if a decision affects the rights of a third party who would not have standing to appeal the decision. The Supreme Court declined to decide whether ''certiorari'' would be available to address a legal error that threatens irreparable harm to a party's rights that could not be cured on appeal.<ref>{{cite web |author1=Supreme Court of Canada |title=''R. v. Awashish'', 2018 SCC 45 |url=https://canlii.ca/t/hvqb5 |website=CanLII |access-date=5 May 2022 |date=26 October 2018}}</ref><ref>{{cite web |title=Case in Brief: ''R. v. Awashish''. |url=https://www.scc-csc.ca/case-dossier/cb/37207-eng.aspx |website=Supreme Court of Canada |access-date=5 May 2022 |date=26 October 2018}}</ref>