P-15 - Summary Convictions Act

Section 83 Disposition versions

1983-01-01

83. (1)  In every case of appeal from a conviction or an order, the court to which such appeal is made shall, notwithstanding any defect in such conviction or order, and notwithstanding that the punishment imposed or the order made may be in excess of that which might lawfully have been imposed or made, hear and determine the information or complaint on which such conviction or order has been had or made, upon the merits, and may confirm, reverse or modify the conviction, or may make such other conviction or order as the court thinks just, and may by such order exercise any power which the justice of the peace, whose decision is appealed from, might have exercised, and may make such order as to costs to be paid by either party as it thinks fit.

(2)  The conviction or order is returned before the court from which the appeal was made for execution in accordance with Part I.

(3)  (Subsection repealed).

R. S. 1964, c. 35, s. 77; 1975, c. 11, s. 8; 1982, c. 32, s. 11.

1977-12-31

83. (1)  In every case of appeal from a conviction or an order, the court to which such appeal is made shall, notwithstanding any defect in such conviction or order, and notwithstanding that the punishment imposed or the order made may be in excess of that which might lawfully have been imposed or made, hear and determine the information or complaint on which such conviction or order has been had or made, upon the merits, and may confirm, reverse or modify the conviction, or may make such other conviction or order as the court thinks just, and may by such order exercise any power which the justice of the peace, whose decision is appealed from, might have exercised, and may make such order as to costs to be paid by either party as it thinks fit.

(2)  Such conviction or order shall have the same effect and may be enforced in the same manner as if it had been pronounced or made by such justice of the peace.

(3)  Any conviction or order made by the court appealed to may also be enforced by process of the court itself.

R. S. 1964, c. 35, s. 77; 1975, c. 11, s. 8.