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P-15 - Summary Convictions Act

Section 78
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78. (1)  When an appeal has been lodged in compliance with the requirements of this act, the court appealed to shall try the case and shall be the judge, as well of the facts as of the law.
(2)  Any of the parties to the appeal may call witnesses and adduce evidence, whether or not such witnesses were called or evidence adduced at the hearing before the justice of the peace, either as to the credibility of any witness or as to any other fact material to the inquiry.
(3)  Any evidence taken at the hearing below, if it has been taken in writing and duly attested by the justice of the peace, may be read on such appeal, and shall have the like force and effect as if the witness were examined in the court appealed to, if that court is satisfied, by affidavit or otherwise, that the personal presence of the witness cannot be obtained by any reasonable efforts.
R. S. 1964, c. 35, s. 75; 1975, c. 11, s. 6.
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