R. v. Hayes

Because the offences arose from the same transaction and the informant had knowledge of both matters, and following the Supreme Court's approach in Clunas permitting joinder where appropriate, a Justice of the Peace had jurisdiction to receive two informations sworn in one oath and the information was valid.

Citation: 2005 NSPC 21
Parties: Crown: Her Majesty The Queen; Accused: Keith Jerome Hayes
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 28 June 2005
Procedural Posture: Criminal Impaired Driving (summary) / Trial on Information; Ruling on Validity of Information
Outcome: Information upheld as valid; not a nullity
Legal Topics: Joinder of Informations, Validity of Information, Summary Conviction Procedure, Impaired Driving
Source Language: English

Criminal Law Procedural Law Evidence Joinder of Informations Validity of Information Summary Conviction Procedure Impaired Driving

Case Brief

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Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2

Parties

Her Majesty The Queen

Crown

Keith Jerome Hayes

Accused

Procedural Posture

Criminal Impaired Driving (summary) / Trial on Information; Ruling on Validity of Information

Legal Issues

1 Whether two informations sworn on one oath is a nullity
2 Whether a Justice of the Peace has jurisdiction to receive multiple informations on one oath
3 Whether joinder of offences on separate informations is permissible and in the interests of justice

Ratio Decidendi

Court Disposition

Information upheld as valid; not a nullity

Orders

Declare the information valid and permit trial to proceed on the s.253(a) information