Informations and Indictments (Cases): Difference between revisions

Revision as of 20:26, 2 December 2018

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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] O.J. 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] O.J. 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] O.J. 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

@@ Line 6: / Line 6: @@
 ! Case Name !! Summary
 |-
-| R v Delgado<br> [http://canlii.ca/t/fnflt 2011 ONSC 4646] (CanLII) || 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
 |-
-| R v Schwark<br> [http://canlii.ca/t/4vmt 2001 MBQB 273] (CanLII) ||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.
 |-
 | R v Van Kralingen<br> [1994] O.J. No. 196 (C.A.){{NOCANLII}} ||conviction was entered on an information that had no date at all--court upheld the information
 |-
-|  R v Akey,<br>[http://canlii.ca/t/g1ck8 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 Akey,<br>[http://canlii.ca/t/g1ck8 1990 CanLII 6755] (ON SC), [1990] O.J. 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 Dean<br>[http://canlii.ca/t/27t5r 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 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 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 Bobcaygeon<br>(1974), 17 CCC (2d), [http://canlii.ca/t/hv08z 1974 CanLII 1497] (ON CA)||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
 |-
 | R v Justice of the Peace, Ex parte Robinson<br> [1971] O.J. 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 Boutilier<br>(1928), 50 CCC 186, [http://canlii.ca/t/htxph 1928 CanLII 528] (NS SC)||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
 |}
@@ Line 30: / Line 30: @@
 ! Case !!  Summary
 |-
-| R v IB <br>[http://canlii.ca/t/fx049 2013 ONSC 1652] (CanLII) || denied
+| R v IB <br>[http://canlii.ca/t/fx049 2013 ONSC 1652] (CanLII){{perONSC|Cornell J}} || denied
 |-
-| R v WHA <br>[http://canlii.ca/t/flvgm 2011 NSSC 156] (CanLII)|| granted
+| R v WHA <br>[http://canlii.ca/t/flvgm 2011 NSSC 156] (CanLII){{perNSSC|Rosinski J}}|| granted
 |}