How have the courts dealt with issues 2 and 3 in the summary process?
Alberta, Canada
The following excerpt is from R. v. Doz, 1985 ABCA 71 (CanLII):
Issues 2 and 3 have been dealt with in the case of The Queen v. Cohn to which I have already alluded. The reasoning in that case which applies to these two issues operates against the appellant. Notwithstanding that the contempt and conviction appear to have taken place in a superior court the principles to be derived therefrom dealing with the summary process are in my view applicable in a court of inferior jurisdiction.
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