Can a preliminary inquiry judge quash a defective information pursuant to s. 529?
Saskatchewan, Canada
The following excerpt is from R. v. Bahinipaty, 1983 CanLII 2052 (SK CA):
In Attorney General of Quebec v. Lessard (1979), 9 C.R.(3d) 362 (Que. S.C.), Mr. Justice Bisson held that a magistrate before whom an accused, charged with an indictable offence, appeared and elected trial by judge and jury, had no power then, or in the course of the preliminary inquiry, to quash a defective information pursuant to s. 529 because the provisions of Part XVII - “Procedure by Indictment” - were not applicable at this stage of the proceedings.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defective information part of the record of a case? (Saskatchewan, Canada)
Is a preliminary hearing judge required to commit the accused to trial? (Saskatchewan, Canada)
Can a judge of the same judge adjudicate two separate adjudications at the same time? (Saskatchewan, Canada)
In what circumstances will a judge be bound to a decision of another judge on a point of law at nisi prius? (Saskatchewan, Canada)
Does s. 471 of the Criminal Code of Canada require that evidence be taken in accordance with the provisions of Part XV relating to preliminary inquiries? (Saskatchewan, Canada)
Is there any ground on which the summons issued pursuant to the information respecting the May, 1961 offence relating to the offence respecting the date of the offence? (Saskatchewan, Canada)
What is the test for meeting the threshold for a judge to order a second stage inquiry into the best interest of the child in a custody application? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
Can a judge interfere with an order of another judge of co-ordinate jurisdiction? (Saskatchewan, Canada)
What is a patent defect and what is a latent defect? (Saskatchewan, Canada)
