Informations and Indictments (Cases)

From Criminal Law Notebook
Jump to navigation Jump to search

Validity of an Information

Case Name Summary
R v Delgado,
2011 ONSC 4646 (CanLII), per Garton J
information was read as being sworn in 2016--nullity was overturned--mandamus ordered
R v Schwark,
2001 MBQB 273 (CanLII), per Glowacki J
amendments that were not initialized did not result in a nullity.
R v Van Kralingen,
[1994] OJ No 196 (CA)(*no CanLII links)
conviction was entered on an information that had no date at all--court upheld the information
R v Akey,
1990 CanLII 6755 (ONSC), [1990] OJ No 2205 (Gen. Div.), per Granger J
information sworn “17th day of 1989,” without any reference to the month--overturned nullity--“the defect would not be one of substance as the purpose of the information would be fulfilled as it would let the accused know it was sworn before a justice of the peace within the required six months.”
R v Dean,
1985 CanLII 1142 (ABQB), 36 Alta. L.R. (2d) 8 (Q.B.), per McFadyen J
information sworn “30th day of August A.D. 19__.” without any reference to a year--overturned nullity--information was valid
R v Platt; R v Cowan,
[1981] 4 WWR 601 (Man. Q.B.)(*no CanLII links)
information was missing a date--declared a nullity
R v Bobcaygeon,
1974 CanLII 1497 (ONCA), 17 CCC (2d), per Kelly JA
the month on the date was omitted as well as the county--declared a nullity
R v Justice of the Peace, Ex parte Robinson,
[1971] OJ No 1924 (CA)(*no CanLII links)
information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario".
R v Boutilier,
1928 CanLII 528 (NS SC), 50 CCC 186, per O'Hearn J
information for an offence year of 1927 was stated as sworn in 1900 which would have been impossible--declared a nullity

Severance of Charges

Case Summary
R v IB,
2013 ONSC 1652 (CanLII), per Cornell J
denied
R v WHA,
2011 NSSC 156 (CanLII), per Rosinski J
granted