L-4.1 - Act respecting electoral lists

Section 251 Disposition versions

1980-08-15

251. (Replaced).

R. S. 1964, c. 7, s. 243; 1965 (1st sess.), c. 17, s. 2; 1979, c. 56, s. 256.

1977-12-31

251. (1)  Whenever any person is charged at a polling-station with having committed the offence of personation, the deputy returning-officer at such polling-station may, and if requested so to do on behalf of a candidate or by the poll-clerk shall, accept the information on oath of the person making the charge. Such information may be in accordance with the form 54.

(2)  If the person against whom it is proposed to lay the information has not left the polling-station, the deputy returning-officer, either of his own motion or at the request of any one proposing forthwith to lay an information against such person, may detain or direct the detention of such person until the information can be drawn up in writing.

(3)  Upon receiving the information, the deputy returning-officer shall issue and cause to be executed forthwith a warrant, drawn up in the form 55, ordering that the accused be arrested and brought before the judge or one of the judges therein designated, to answer to the information and to be further dealt with according to law.

(4)  The judge designated in the warrant shall be any judge of the sessions, judge of the Provincial Court, municipal judge or other functionary vested with the power of accomplishing alone those acts which should be accomplished by two or more justices of the peace, and having jurisdiction in the electoral district.

(5)  Such warrant shall entitle any peace officer to detain the accused until he is brought before a judge.

(6)  If the correct name of the accused is unknown to the informant, it shall be sufficient in the information and other proceedings to describe the accused as a person whose name is unknown but who is detained under the order of the deputy returning-officer. The accused may also be described in such other manner as will sufficiently identify him. When the name of the accused is ascertained later, it shall be stated in any subsequent warrant or proceeding.

(7)  Every poll-clerk shall have the authority of a constable for the purpose of carrying out the provisions of this section, and every deputy returning-officer may appoint such special constables as he deems necessary for the like purpose. Such persons shall have full power to act as constables without being required to take any oath.

(8)  Every deputy returning-officer who refuses to receive an information or to issue a warrant of arrest according to the provisions of this section becomes an accomplice of the person accused of personation and shall be liable to the same penalties as such person.

R. S. 1964, c. 7, s. 243; 1965 (1st sess.), c. 17, s. 2.