A. D. 1886. Short title. CHAPTER 178. An Act respecting Summary Proceedings before HE ER Majesty, by and with the advice and consent of the follows: SHORT TITLE. 1. This Act may be cited as "The Summary Convictions Act." INTERPRETATION. Interpreta- “Clerk of the **peace. Territorial "division." 'District' 2. In this Act, unless the context otherwise requires,(a.) The expression "justice" means a justice of the peace, and includes two or more justices if two or more justices act or have jurisdiction, and also a police magistrate, a stipendiary magistrate and any person having the power or authority of two or more justices of the peace; "includes the (b.) The expression "clerk of the peace proper officer of the court having jurisdiction in appeal under this Act; (c) The expression "territorial division" means district, county, union of counties, township, city, town, parish or other judicial division or place; (d.) The expression "district" or "county" includes any or "county." territorial or judicial division or place, in and for which there is such judge, justice, justice's court, officer or prison as is mentioned in the context; **Common "gaol" or "prison." Application of Act. Offences punishable on summary conviction. [11-12 V., c. 43, s. 1.] means (e.) The expression "common gaol" or "prison any place other than a penitentiary in which persons charged with offences are usually kept and detained in custody. 32-33 V., c. 31, ss. 94 and 95;-40 V., c. 27, s. 3;-49 V., c. 49, s. 1. JURISDICTION. 3. This Act shall apply to, (a.) Every case in which any person commits, or is suspected of having committed any offence or act over which the Parliament of Canada has legislative authority, and for which such person is liable, on summary conviction, to imprisonment, fine, penalty or other punishment ; which an (b.) Every case in which a complaint is made to any justice Cases in in relation to any matter over which the Parliament of Canada order for the has legislative authority, and with respect to which such jus- payment of tice has authority by law to make any order for the payment be made. of money or otherwise ; Subject to any special provision otherwise enacted with respect to such offence, act or matter. 32-33 V., c. 18, s. 35, c. 20, s. 80, c. 21, s. 123, c. 22, s. 75, c. 27, s. 7, c. 29, s. 7, and c. 31, s. 1, part;-33 V., c. 31, s. 6;-35 V., c. 31, ss. 2, part, and 3-38 V., c. 32, s. 11;-40 V., c. 35, s. 5;-43 V., c. 38, s. 4;-44 V., c. 30, s. 10, part. money may plaint shall be 4. Every complaint and information shall be heard, tried, By whom comdetermined and adjudged by one justice or two or more jus- heard. tices, as directed by the Act or law upon which the complaint [11-12 V., or information is framed, or by any other Act or law in that 3, s. 12.] behalf. 32-33 V., c. 31, s. 27. , direction in the Act. C. 5. If there is no such direction in any Act or law, then the If there is no complaint or information may be heard, tried, determined and adjudged by any one justice for the territorial division where [11-12 V., c. the matter of the complaint or information arose. 32-33 V., c. 43, s. 12.] 31, s. 28. justice may 6. Any one justice may receive the information or com- In what plaint, and grant a summons or warrant thereon, and issue his matters one summons or warrant to compel the attendance of any witnesses always act. for either party, and do all other acts and matters necessary, 11-12 V., c. preliminary to the hearing, even if by the statute in that behalf 3, 29] it is provided that the information or complaint shall be heard and determined by two or more justices. 32-33 V., c. 31, s. 85. s. 7. After a case has been heard and determined, one justice After hearing, may issue all warrants of distress or commitment thereon. 32- &c. 33 V., c. 31, s. 86. S. It shall not be necessary that the justice who or after the hearing be the justice or one of the whom the case is or was heard and determined. 31, s. 87. [11-12 V., C. 43, s. 29.] acts before Proceedings justices by after judg 32-33 V., c. [11-12 V., c. ment. 43, s. 29.] [11-12 V., 9. If it is required by any Act or law that an information If two justices or complaint shall be heard and determined by two or more are required. justices, or that a conviction or order shall be made by two or 43, s. 29.) more justices, such justices shall be present and acting together during the whole of the hearing and determination of the case. 32-33 V.. c. 31, s. 88. 10. Every judge of Sessions of the Peace, recorder, police Certain mamagistrate, district magistrate or stipendiary magistrate, ap- have the gistrates to justices. power of two pointed for any district, county, city, borough, town or place, shall have full power to do alone whatever is authorized to be done by two or more justices. 32-33 V., c. 31, s. 91, part. 11. * LIMITATIONS. * * Repealed and new section substituted by 52 V., c. 45, s. 5. ABETTORS. Where abet tors may be proceeded against. 12. Every one who aids, abets, counsels or procures the commission of any offence punishable on summary conviction, may be proceeded against and convicted, either in the terri[11-12 V., c. torial division or place where the principal offender may be convicted, or in that in which the offence of aiding, abetting counselling or procuring was committed. 32-33 V., c. 31, s. 15, part. 43, s. 5.] When infor before justice, ENFORCING ATTENDANCE OF DEFENDANTS. 13. Whenever an information (A) is laid before any justice mation is laid for any territorial division of Canada, that any person, being a summons to within the jurisdiction of such justice, has committed or is susmay be issued. pected to have committed any offence or act for which he is [11-12 V., c. liable by law, on summary conviction, to be imprisoned or the accused 43, s. 1.] Service of summons. [11-12 V., c. 43, s. 1.] Proof of service. [11-12 V., c. 43, s. 1.] As to er parte cases. [11-12 V., C. fined, or otherwise punished, or a complaint is made to any such justice in relation to any matter upon which he has authority by law to make any order for the payment of money or otherwise, such justice may issue his summons (B), directed to such person, stating shortly the matter of the information or complaint, and requiring him to appear at a certain time and place before such justice or before such other justice in and for the same territorial division as shall then be there, to answer to the said information or complaint, and to be further dealt with according to law. 32-33 V., c. 31, s. 1, part. 14. Every such summons shall be served by a constable or other peace officer, or other person to whom the same is delivered, upon the person to whom it is directed, by delivering the same to such person personally, or by leaving it with some person for him at his last or most usual place of abode. 32-33 V., c. 31, s. 2. 15. The constable, peace officer or person who serves such summons, shall attend at the time and place, and before the justice in the summons mentioned, to depose, if necessary, to the service thereof. 32-33 V.. c. 31, s. 3. 16. Nothing herein contained shall oblige any justice to issue any such summons whenever the application for any order may, by law be made ex parte. 32-33 V., c. 31, s. 4. mons is not issue his war 17. If the person served with a summons does not appear If the sum before the justice at the time and place mentioned in the sum- obeyed, the mons, and it is made to appear to the justice, by oath or affir- justice may mation, that the summons was duly served, a reasonable time, rant. in the opinion of the justice, before the time therein appointed [11-12 V., for appearing to the same, the justice, upon oath or affirmation 43, s. 2.] being made before him, substantiating the matter of the information or complaint to his satisfaction, may, if he thinks fit, issue his warrant (C) to apprehend the person so summoned, and to bring him before such justice or before some other justice in and for the same territorial division, to answer to the said information or complaint, and to be further dealt with according to law. 32-33 V., c. 31, s. 6, part. issue in the on informa C. 18. Any justice before whom any such information is laid Warrant may for any offence punishable on summary conviction, may, if he first instance thinks fit, upon oath or affirmation being made before him, spported substantiating the matter of the information to his satisfaction, by oath &c. instead of issuing a summons, issue in the first instance his [11-12 V., c. warrant (D) for apprehending the person against whom the 3, s. 2.] information has been laid, and bringing him before such justice, or before some other justice in and for the same territorial division, to answer to the information and to be further dealt with according to law: Provided, that whenever a warrant is issued Copy of warin the first instance, the justice issuing it shall furnish a copy served on or copies thereof, and cause a copy to be served on each person defendant. arrested at the time of such arrest. 32-33 V., c. 31, s. 6, part. rant to be and seal; to directed. C. 19. Every warrant to apprehend a defendant, that he may Warrant to be answer to an information or complaint, shall be under the hand under hand and seal of the justice issuing the same, and may be directed whom to any one or more or to all of the constables or other peace [11-12 V., officers of the territorial division within which it is to be exe- 43, s. 3.] cuted, or to such constable and all other constables in the territorial division within which the justice who issued the warrant has jurisdiction, or generally to all the constables or peace officers within such territorial division: 2. Such warrant shall state shortly the matter of the in- What the formation or complaint on which it is founded, and shall name warrant shall or otherwise describe the person against whom it has been issued, and it shall order the constables or other peace officers to whom it is directed, to apprehend the defendant and to bring him before one or more justice or justices of the same territorial division, as the case requires, to answer to the information or complaint and to be further dealt with according to law. 32-33 V., c. 31, s. 8. how to be 20. It shall not be necessary to make the warrant return- Duration of able at any particular time, but the same shall remain in full warrant and force until executed; and the warrant may be executed by executed. apprehending the defendant at any place in the territorial What officer may execute it, and where, 43, s. 3.] division within which the justice who issued the same has jurisdiction, or, in case of fresh pursuit, at any place in the next adjoining territorial division within seven miles of the border. of the first mentioned territorial division, without having the warrant backed as hereinafter mentioned. 32-33 V., c. 31, s. 9. 21. If the warrant is directed to all constables or peace officers in the territorial division within which the justice who [11-12 V., c. issued the same has jurisdiction, any constable or peace officer for any place within the limits of the jurisdiction may execute the warrant, in like manner as if the warrant was directed specially to him by name, and notwithstanding that the place in which the warrant is executed is not within the place for which he is a constable or peace officer. 32-33 V., c. 31, s. 10. Indorsing of the warrant in another jurisdiction. [11-12 V., & 42, s. 1; c. 43, s. 3.] [5 V., c. 45, 8. 4.] 22. If any person against whom any warrant has been issued, whether under the preceding sections or under any other section of this Act, and whether before or after conviction and whether for levying any fine or costs by distress, or for the imprisonment of any such person, is not found within the jurisdiction of the justice by whom it was issued, or, if he escapes into or is suspected to be in any place within Canada, out of the jurisdiction of such justice, any justice, within whose jurisdiction such person is or is suspected to be, upon proof upon oath or affirmation of the handwriting of the justice issuing the warrant, may make an indorsement upon it signed with his name, authorizing the execution of the warrant within his Effect of such jurisdiction; and such indorsement shall be a sufficient authority to the person bringing the warrant, and to all other persons to whom it was originally directed, and to all constables or other peace officers of the territorial division wherein the indorsement is made, to execute the same in any place within the jurisdiction of the justice indorsing the same, and to carry the offender, when apprehended, before the justice who first issued the warrant or some other justice having the same jurisdiction. 32-33 V., c. 31, s. 11. indorsement. Certain complaints need not be in writing. INFORMATIONS AND COMPLAINTS. 23. It shall not be necessary that any complaint upon which a justice may make an order for the payment of money or otherwise, shall be in writing, unless it is so required by some [11-12 V., c. particular Act or law upon which such complaint is founded. 43, s. 8.] Complaints oath unless so provided. 32-33 V., c. 31, s. 20. 24. Every complaint upon which a justice is authorized by need not be on law to make an order, and every information for any offence or act punishable on summary conviction, may, unless it is herein or by some particular Act or law otherwise provided, be made or laid without any oath or affirmation as to the truth thereof. 32-33 V., c. 31, s. 24. 43, s. 10.) |