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Appeal quashed for want of jurisdiction. The Court of Appeal held the Criminal Code provides no appeal from an order refusing leave under s. 577(b).
Application for extraordinary remedies dismissed. The Court held the Provincial Court judge applied the correct test on private informations, found no jurisdictional error or bias, and rejected the asserted right to drive without plates or insurance.
On the total evidence the court found that Higgins-Beals aided and abetted the theft, that defendants had reasonable and probable grounds under s.494(2)(b) to detain and arrest him, and that the force used to restrain him was reasonable and no more than necessary; the Crown/private prosecutor failed to prove assault beyond a reasonable doubt, therefore defendants are not guilty.
Source excerpt
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.
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