Informations and Indictments (Cases)
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 CanLII links) |
information was missing a date--declared a nullity |
| R v Bobcaygeon (1974), 17 CCC (2d) (*no CanLII links) |
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 (*no CanLII links) |
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 |