PART XXVIExtraordinary Remedies (continued)
Marginal note:Appeal in mandamus, etc.
Marginal note:Application of Part XXI
(2) Except as provided in this section, Part XXI applies, with such modifications as the circumstances require, to appeals under this section.
Marginal note:Refusal of application, and appeal
(3) Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court.
Marginal note:Where writ granted
(4) Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada.
Marginal note:Appeal from judgment on return of writ
(5) Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum, an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party.
Marginal note:Hearing of appeal
(6) An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court.
- R.S., 1985, c. C-46, s. 784
- 1997, c. 18, s. 109
PART XXVIISummary Convictions
785 In this Part,
- clerk of the appeal court
clerk of the appeal court includes a local clerk of the appeal court; (greffier de la cour d’appel)
informant means a person who lays an information; (dénonciateur)
order means any order, including an order for the payment of money; (ordonnance)
prosecutor means the Attorney General or, where the Attorney General does not intervene, the informant, and includes counsel or an agent acting on behalf of either of them; (poursuivant)
(a) a declaration made under subsection 199(3),
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,
(c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9),
- summary conviction court
summary conviction court means a person who has jurisdiction in the territorial division where the subject-matter of the proceedings is alleged to have arisen and who
(a) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken,
(b) is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or
(c) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; (cour des poursuites sommaires)
trial includes the hearing of a complaint. (procès ou instruction)
- R.S., 1985, c. C-46, s. 785
- R.S., 1985, c. 27 (1st Supp.), ss. 170, 203
- 1992, c. 1, s. 58
- 1995, c. 22, s. 7, c. 39, s. 156
- 1996, c. 19, s. 76
- 1999, c. 25, s. 23(Preamble)
- 2002, c. 13, s. 78
- 2006, c. 14, s. 7
- 2013, c. 11, s. 4
- 2018, c. 16, s. 223, c. 21, s. 26
- 2019, c. 25, s. 314
Marginal note:Application of Part
(2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
- R.S., 1985, c. C-46, s. 786
- 1997, c. 18, s. 110
- 2019, c. 25, s. 315
Marginal note:General penalty
787 (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.
Marginal note:Imprisonment in default if not otherwise specified
(2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.
- R.S., 1985, c. C-46, s. 787
- R.S., 1985, c. 27 (1st Supp.), s. 171
- 2008, c. 18, s. 44
- 2019, c. 25, s. 316
Marginal note:Commencement of proceedings
Marginal note:One justice may act before the trial
(2) Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices, one justice may
- R.S., c. C-34, s. 723
Marginal note:Formalities of information
(a) shall be in writing and under oath; and
(b) may charge more than one offence or relate to more than one matter of complaint, but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count.
Marginal note:No reference to previous convictions
(2) No information in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.
- R.S., c. C-34, s. 724
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