Is section 507 of the Criminal Code applicable to summary conviction proceedings such as these?
British Columbia, Canada
The following excerpt is from Sandra June Gibbs v. Regina, 2006 BCSC 481 (CanLII):
It is questionable whether s. 507 of the Criminal Code even applies to summary conviction proceedings such as these. As stated above, the offences for which the appellant has been convicted are clearly summary conviction offences. Section 507 lays out the procedure to be followed for issuing process where an information is laid under s. 504. Section 504 permits an information to be laid when an individual is reasonably suspected to have committed an indictable offence. However, as stated at para. 19 of Canada v. Galbraith 2001 BCSC 674: If s. 507 of the Criminal Code could be said to be applicable to summary conviction proceedings, then there is no requirement that the justice of the peace conduct a recorded process hearing in all instances. Section 507(1)(a)(ii) provides that the justice of the peace may conduct an inquiry of witnesses. It is not universally mandated. [emphasis added] Did the trial judge err in denying the appellant the election of trial by jury?
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