The Queen v. Welsford

The Queen v. Welsford

The Supreme Court has jurisdiction under s.41 to grant leave to appeal from the Court of Appeal in this case, and on the merits the information was a nullity because the relevant signatures were affixed by rubber stamp rather than in handwriting, warranting dismissal of the Crown's appeal.

Citation
[1969] SCR 438
Parties
Plaintiff/appellant: Her Majesty the Queen; Defendant/respondent: Jillian Welsford
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 February 1969
Procedural Posture
Criminal Appeal / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada; Leave to Appeal Granted by This Court
Outcome
Appeal dismissed
Legal Topics
Information Validity, Signature by Rubber Stamp, Leave to Appeal Jurisdiction Under Supreme Court Act S.41, Highway Traffic Act S.64(b)
Source Language
English
Criminal Law Procedure Judicial Review/jurisdiction Information Validity Signature by Rubber Stamp Leave to Appeal Jurisdiction Under Supreme Court Act S.41 Highway Traffic Act S.64(b)

Case Brief

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Parties

Her Majesty the Queen

Plaintiff/appellant

Jillian Welsford

Defendant/respondent

Procedural Posture

Criminal Appeal / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada; Leave to Appeal Granted by This Court

Legal Issues

  1. 1 Whether the Supreme Court of Canada has jurisdiction under s.41 of the Supreme Court Act to grant leave to appeal from a Court of Appeal judgment affirming an order of prohibition in a non‑indictable offence matter
  2. 2 Whether an information sworn before a Justice of the Peace is rendered a nullity where the Justice's signature (and the deponent's) is affixed by rubber stamp rather than handwritten

Ratio Decidendi

The Supreme Court has jurisdiction under s.41 to grant leave to appeal from the Court of Appeal in this case, and on the merits the information was a nullity because the relevant signatures were affixed by rubber stamp rather than in handwriting, warranting dismissal of the Crown's appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the costs of the respondent in this Court