508

Justice to hear informant and witnesses

508 (1) A justice who receives an information laid before him under section 505 shall

(a) hear and consider, ex parte,

(i) the allegations of the informant, and

(ii) the evidence of witnesses, where he considers it desirable or necessary to do so;

(b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,

(i) confirm the appearance notice or undertaking and endorse the information accordingly, or

(ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and

(c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.

Procedure when witnesses attend

(2) A justice who hears the evidence of a witness pursuant to subsection (1) shall

(a) take the evidence on oath; and

(b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.

Annotations | French

  • Section 508

     

  • “Justice” is defined in s. 2; Criminal Code, RSC 1985, c C-46, s 2.

     

  • Failing to follow the requirements under s. 508 will create in a defect in the process, resulting in the court losing jurisdiction over the person. However, jurisdiction over the offence is not lost. A defect in the confirmation process under section 508 does not alter the validity of the information. Jurisdiction over the person is regained when the accused attends court.; R v Ladouceur, 2013 ONCA 328 at paras 19, 31.

     

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