Tuesday, May 21, 2013

Validity of information

R. v. Ladouceur, 2013 ONCA 328 holds non-compliance with s. 508 of the Criminal Code has no effect on the validity of an information:


[19]       So, if an information survives a defect in the time limit imposed by s. 505, the crucial issue raised in this appeal is whether there is any reason, based in logic or policy, why a deficiency in the confirmation process set forth in s. 508 ought to operate differently so as to nullify a valid information. I am of the view that a defect in the confirmation process does not affect the validity of an information. The legal consequence of a deficiency in the confirmation process set forth in s. 508 is to provide a complete defence to a charge of failing to appear as directed by the promise to appear and to prohibit a warrant from issuing for the accused's arrest. A failure to conform to the requirements of s. 508 results in a defect in the process and a loss of jurisdiction over the person; it does not result in loss of jurisdiction over the offence. I come to this conclusion for several reasons.

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