P-15 - Summary Convictions Act

Section 13 Disposition versions

1977-12-31

13. (1)  The complaint or information must be based upon reasonable and probable cause, and must be brought,

(a)  before a justice of the peace, and must allege that some person has committed or is suspected of having committed, within the limits over which such justice has jurisdiction, any offence or act for which he is liable by law, on summary conviction, to be imprisoned, fined or otherwise punished; or

(b)  before any such justice of the peace, and be relative to any matter respecting which the complainant is authorized by law to exact the payment of money or to obtain any other order.

(2)  The complaint or information on reasonable or probable cause may, notwithstanding the provisions of subsection 1 of this section, be brought before a justice of the peace of the territorial division in which the accused is or is suspected of being, if such complaint or information alleges that the latter has committed or is suspected of having committed, within the limits of any other territorial jurisdiction of a justice of the peace, an offence,

(a)  which renders him liable upon summary conviction, to imprisonment, fine or any other penalty; or

(b)  relating to any other matter respecting which the complainant is authorized by law to exact the payment of a sum of money or to obtain any other order.

In either the one or the other of such cases, notwithstanding section 4, the case may be heard, tried, determined and adjudged by the justice of the peace or any other justice of the peace for the territorial division where the person is arrested or served, if the latter consents thereto in writing; if not, the justice shall note on the back of the warrant or of the summons the refusal of the accused to submit to trial before him, and the case shall be then heard, tried, determined and adjudged in the territorial division mentioned in section 4; and the justice shall issue for such purpose, as well for the transfer of the record as for the appearance of the accused, including therein admission to bail or his committal to a house of detention in the last-mentioned division, such orders as he deems necessary.

(3)  Such information or complaint may be as in form 3.

R. S. 1964, c. 35, s. 13; 1969, c. 21, s. 35.