Informations and Indictments (Cases): Difference between revisions
No edit summary |
m Text replacement - "CanLII ([0-9]+) \(ONCA\)" to "CanLII $1 (ON CA)" |
||
| (15 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
{{LevelZero}}{{HeaderProcCases}} | {{LevelZero}}{{HeaderProcCases}} | ||
==Validity of an Information== | ==Validity of an Information== | ||
{|class="wikitable sortable" style="font-size:80%" | {|class="wikitable sortable" style="font-size:80%" | ||
| Line 6: | Line 6: | ||
! Case Name !! Summary | ! Case Name !! Summary | ||
|- | |- | ||
| | | {{CanLIIR-S|Delgado|fnflt|2011 ONSC 4646 (CanLII)}}{{perONSC|Garton J}} || information was read as being sworn in 2016--nullity was overturned--mandamus ordered | ||
|- | |- | ||
| | | {{CanLIIR-S|Schwark|4vmt|2001 MBQB 273 (CanLII)}}{{perMBQB|Glowacki J}} ||amendments that were not initialized did not result in a nullity. | ||
|- | |- | ||
| | |{{CanLIIR-SN|Van Kralingen| [1994] OJ No 196 (CA)}} ||conviction was entered on an information that had no date at all--court upheld the information | ||
|- | |- | ||
| | | {{CanLIIRP-S|Akey|g1ck8|1990 CanLII 6755 (ONSC)|[1990] OJ No 2205 (Gen. Div.)}}{{perONSC|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.” | ||
|- | |- | ||
| | | {{CanLIIRP-S|Dean|27t5r|1985 CanLII 1142 (ABQB)|36 Alta LR (2d) 8 (Q.B.)}}{{perABQB|McFadyen J}} ||information sworn “30th day of August A.D. 19__.” without any reference to a year--overturned nullity--information was valid | ||
|- | |- | ||
| | |{{CanLIIR-SN|Platt; R v Cowan| [1981] 4 WWR 601 (Man. Q.B.)}}||information was missing a date--declared a nullity | ||
|- | |- | ||
| | | {{CanLIIRP-S|Bobcaygeon|hv08z|1974 CanLII 1497 (ON CA)|17 CCC (2d)}}{{perONCA|Kelly JA}}||the month on the date was omitted as well as the county--declared a nullity | ||
|- | |- | ||
| | | {{CanLIIR-SN|Justice of the Peace, Ex parte Robinson|[1971] OJ No 1924 (CA)}} ||information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario". | ||
|- | |- | ||
| | | {{CanLIIRP-S|Boutilier|htxph|1928 CanLII 528 (NS SC)|50 CCC 186}}{{perNSSC|O'Hearn J}}||information for an offence year of 1927 was stated as sworn in 1900 which would have been impossible--declared a nullity | ||
|} | |} | ||
| Line 30: | Line 30: | ||
! Case !! Summary | ! Case !! Summary | ||
|- | |- | ||
| | | {{CanLIIR-S|IB|fx049|2013 ONSC 1652 (CanLII)}}{{perONSC|Cornell J}} || denied | ||
|- | |- | ||
| | | {{CanLIIR-S|WHA|flvgm|2011 NSSC 156 (CanLII)}}{{perNSSC|Rosinski J}}|| granted | ||
|} | |} | ||
Latest revision as of 19:07, 9 September 2021
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 LR (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 (ON CA), 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 |