PART XXVIExtraordinary Remedies (continued)
Marginal note:Effect of order dismissing application to quash
780 Where a motion to quash a conviction, order or other proceeding is refused, the order of the court refusing the application is sufficient authority for the clerk of the court forthwith to return the conviction, order or proceeding to the court from which or the person from whom it was removed, and for proceedings to be taken with respect thereto for the enforcement thereof.
- R.S., c. C-34, s. 714
Marginal note:Want of proof of order in council
(a) of a proclamation or order of the Governor in Council or the lieutenant governor in council;
(b) of rules, regulations or by-laws made by the Governor in Council under an Act of Parliament or by the lieutenant governor in council under an Act of the legislature of the province; or
Marginal note:Judicial notice
(2) Proclamations, orders, rules, regulations and by-laws mentioned in subsection (1) and the publication thereof shall be judicially noticed.
- R.S., c. C-34, s. 715
Marginal note:Defect in form
782 No warrant of committal shall, on certiorari or habeas corpus, be held to be void by reason only of any defect therein, where
(a) it is alleged in the warrant that the defendant was convicted; and
(b) there is a valid conviction to sustain the warrant.
- R.S., c. C-34, s. 716
Marginal note:No action against official when conviction, etc., quashed
783 Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his jurisdiction, the court to which or the judge to whom the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or provincial court judge or against any officer who acted under the conviction, order or other proceeding or under any warrant issued to enforce it.
- R.S., 1985, c. C-46, s. 783
- R.S., 1985, c. 27 (1st Supp.), s. 203
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
- Date modified: