Informations and Indictments (Cases)
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 |