P-15 - Summary Convictions Act

Section 103 Disposition versions

1977-12-31

103. (1)  No conviction or order made by any justice of the peace and no warrant for enforcing the same shall, on being removed as provided for in articles 846 to 850 of the Code of Civil Procedure, be held invalid for any irregularity, informality or insufficiency therein, if the tribunal or judge before which or whom the question is raised, upon taking communication of the record, is satisfied that an offence, of the nature described in the conviction, order or warrant, has been committed, over which such justice of the peace has jurisdiction, and that the punishment imposed is not in excess of that which might have been lawfully imposed for the said offence, provided that the tribunal or judge, where so satisfied, shall, even if the punishment imposed or the order made is in excess of that which might lawfully have been imposed or made, have the like powers in all respects to deal with the case as seems just, as are by section 83 conferred upon the court to which an appeal is taken under the provisions of section 75.

(2)  Any statement which, under this act or otherwise, would be sufficient if contained in a conviction, shall also be sufficient if contained in an information, summons, order or warrant.

R. S. 1964, c. 35, s. 97; 1965 (1st sess.), c. 80, a. 1.