MacLean v. F.B.

MacLean v. F.B.

Each of the six informations fails to meet the threshold particularity required by s.581(3) of the Criminal Code and is therefore void ab initio; the court cannot validate defective informations by receiving evidence at a s.507.1 hearing and will not issue process.

Citation
2010 NSPC 28
Parties
Informant: Harvey MacLean; Accused: F.B.; Accused: M.B.; Accused: S.G.; Accused: M.S.O.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 January 2010
Procedural Posture
Criminal Private Prosecution / Preliminary Hearing Under S.507.1 to Determine Issuance of Process
Outcome
All six informations are declared void ab initio for want of sufficient detail required by s.581(3); no process will be issued under s.507.1.
Legal Topics
Information Sufficiency Under S.581, Issuance of Process Under S.507.1, Vitiated Information/nullity, Jurisdiction of Laying Informations, Self Representation Limits
Source Language
English
Criminal Law Criminal Procedure Private Prosecution Information Sufficiency Under S.581 Issuance of Process Under S.507.1 Vitiated Information/nullity Jurisdiction of Laying Informations Self Representation Limits

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Parties

Harvey MacLean

Informant

F.B.

Accused

M.B.

Accused

S.G.

Accused

M.S.O.

Accused

Procedural Posture

Criminal Private Prosecution / Preliminary Hearing Under S.507.1 to Determine Issuance of Process

Legal Issues

  1. 1 Whether each information contains sufficient detail under s.581(3) of the Criminal Code
  2. 2 Whether a justice may cure or validate a defective information by receiving evidence at a s.507.1 hearing
  3. 3 Whether receipt of an information by a Justice of the Peace validates an otherwise deficient information

Ratio Decidendi

Each of the six informations fails to meet the threshold particularity required by s.581(3) of the Criminal Code and is therefore void ab initio; the court cannot validate defective informations by receiving evidence at a s.507.1 hearing and will not issue process.

Court Disposition

All six informations are declared void ab initio for want of sufficient detail required by s.581(3); no process will be issued under s.507.1.

Orders

  • Each of the six informations is void ab initio for failing to meet s.581(3) particularity requirements.
  • No process shall issue and the accused are not compelled to attend court on these informations.