P-15 - Summary Convictions Act

Section 66 Disposition versions

1977-12-31

66. (1)  No objection shall be allowed to any information, complaint, summons or warrant for any defect therein, in substance or in form, or for any variance between such information, complaint, summons or warrant and the evidence adduced on the part of the informant or complainant, or for any variance between such information or complaint and the summons or warrant at the hearing upon such information or complaint.

(2)  Any variance between the information and the evidence adduced in support thereof, as to the time at which such offence or act is alleged to have been committed, shall not be deemed material if it be proved that such information was, in fact, laid within the time limited by law for laying the same.

(3)  Any variance between the information and the evidence adduced in support thereof, as to the place in which the offence or act is alleged to have been committed, shall not be deemed material if the offence or act be proved to have been committed within the jurisdiction of the justice of the peace by whom the information is heard and determined or before the justice of the peace having jurisdiction by virtue of the consent given by the accused under section 13.

(4)  If any such variance, or any other variance between the information, complaint, summons or warrant, and the evidence adduced in support thereof, or between the information or complaint and the summons or warrant, appears to the justice of the peace present and acting at the hearing to be such that the defendant has been thereby deceived or misled, the justice of the peace may, upon such terms as he thinks fit, allow the necessary amendments and adjourn the hearing of the case to some future day.

R. S. 1964, c. 35, s. 62.