Tuesday, June 4, 2013

Where offence named and statutory section listed conflict should a certificate of offence be quashed on ex parte trial? Leave granted by OCA

R. v. Farah, 2013 ONCA 362 dealt with a situation where a provincial offences certificate of offence named one offence but referred to a statutory provision for another offence. The Court of Appeal granted leave to consider whether such certificate ought to be quashed as irregular on as ex parte trial:

[23]       This case raises a different question.  In Young, the defendants were not given the correct set fine amount that applied to the offences with which they had been charged. Here, the moving party received conflicting information about thenature of the offence with which he had been charged.  This case raises a question of statutory interpretation that Young did not consider or decide, namely, whether the certificate is "complete and regular on its face" when there is a conflict between the description of the offence and the section number of the offence.  Further, there is conflicting case law from the courts below as to whether this type of conflicting information requires the reviewing justice of the peace to quash the certificate.     

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