Informations and Indictments (Cases)

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Validity of an Information

Case Name Summary
R v Delgado
2011 ONSC 4646 (CanLII)
information was read as being sworn in 2016--nullity was overturned--mandamus ordered
R v Schwark
2001 MBQB 273 (CanLII)
amendments that were not initialized did not result in a nullity.
R v Van Kralingen
[1994] O.J. No. 196 (C.A.)
conviction was entered on an information that had no date at all--court upheld the information
R v Akey,
1990 CanLII 6755 (ON SC), [1990] O.J. No. 2205 (Gen. Div.)
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), (1985), 36 Alta. L.R. (2d) 8 (Q.B.)
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 W.W.R. 601 (Man. Q.B.) (*no link)
information was missing a date--declared a nullity
R v Bobcaygeon
(1974), 17 CCC (2d) (*no link)
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] O.J. No. 1924 (C.A.)(*no link)
information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario".
R v Boutilier
(1928), 50 CCC 186 (*no link)
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)
denied
R v WHA
2011 NSSC 156 (CanLII)
granted