Informations and Indictments (Cases): Difference between revisions
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| R v Delgado<br> [http://canlii.ca/t/fnflt 2011 ONSC 4646] (CanLII){{perONSC|Garton J}} || information was read as being sworn in 2016--nullity was overturned--mandamus ordered | | ''R v Delgado''<br> [http://canlii.ca/t/fnflt 2011 ONSC 4646] (CanLII){{perONSC|Garton J}} || information was read as being sworn in 2016--nullity was overturned--mandamus ordered | ||
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| R v Schwark<br> [http://canlii.ca/t/4vmt 2001 MBQB 273] (CanLII){{perMBQB|Glowacki J}} ||amendments that were not initialized did not result in a nullity. | | ''R v Schwark''<br> [http://canlii.ca/t/4vmt 2001 MBQB 273] (CanLII){{perMBQB|Glowacki J}} ||amendments that were not initialized did not result in a nullity. | ||
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| R v Van Kralingen<br> [1994] OJ No 196 (C.A.){{NOCANLII}} ||conviction was entered on an information that had no date at all--court upheld the information | | R v Van Kralingen<br> [1994] OJ No 196 (C.A.){{NOCANLII}} ||conviction was entered on an information that had no date at all--court upheld the information | ||
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| ''R v Akey'',<br>[http://canlii.ca/t/g1ck8 1990 CanLII 6755] (ON SC), [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.” | | ''R v Akey'',<br>[http://canlii.ca/t/g1ck8 1990 CanLII 6755] (ON SC), [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.” | ||
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| R v Dean<br>[http://canlii.ca/t/27t5r 1985 CanLII 1142] (ABQB), (1985), 36 Alta. L.R. (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 | | ''R v Dean''<br>[http://canlii.ca/t/27t5r 1985 CanLII 1142] (ABQB), (1985), 36 Alta. L.R. (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 | ||
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|R v Platt; R v Cowan<br>[1981] 4 W.W.R. 601 (Man. Q.B.) {{NOCANLII}}||information was missing a date--declared a nullity | |R v Platt; ''R v Cowan''<br>[1981] 4 W.W.R. 601 (Man. Q.B.) {{NOCANLII}}||information was missing a date--declared a nullity | ||
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| R v Bobcaygeon<br>(1974), 17 CCC (2d), [http://canlii.ca/t/hv08z 1974 CanLII 1497] (ON CA){{perONCA|Kelly JA}}||the month on the date was omitted as well as the county--declared a nullity | | ''R v Bobcaygeon''<br>(1974), 17 CCC (2d), [http://canlii.ca/t/hv08z 1974 CanLII 1497] (ON CA){{perONCA|Kelly JA}}||the month on the date was omitted as well as the county--declared a nullity | ||
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| R v Justice of the Peace, Ex parte Robinson<br> [1971] OJ No 1924 (C.A.){{NOCANLII}} ||information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario". | | R v Justice of the Peace, Ex parte Robinson<br> [1971] OJ No 1924 (C.A.){{NOCANLII}} ||information sworn “A Justice of the Peace in and for the County of ___" and later saying "Province of Ontario". | ||
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| R v Boutilier<br>(1928), 50 CCC 186, [http://canlii.ca/t/htxph 1928 CanLII 528] (NS SC){{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 | | ''R v Boutilier''<br>(1928), 50 CCC 186, [http://canlii.ca/t/htxph 1928 CanLII 528] (NS SC){{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 | ||
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Revision as of 13:53, 13 January 2019
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 (C.A.)(*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 (ON SC), [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), (1985), 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 W.W.R. 601 (Man. Q.B.) (*no CanLII links) |
information was missing a date--declared a nullity |
| R v Bobcaygeon (1974), 17 CCC (2d), 1974 CanLII 1497 (ON CA), 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 (C.A.)(*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), 50 CCC 186, 1928 CanLII 528 (NS SC), 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 |