C-25.1 - Code of Penal Procedure

Section 71 Disposition versions

2016-09-15

71. The prosecutor is not required to prove the quality or the signature of the following persons, unless the defendant contests their quality or signature and the judge is of opinion that proof thereof must be established:

(1)  the person who issued the statement of offence in the name of the prosecutor and whose name appears on the statement of offence or offence report;

(2)  the person who certified a copy of the statement of offence or offence report;

(3)  the person who signed an attestation as to the issue, content or non-issue of a certificate, licence, permit or any other authorization required by an Act for the carrying on of an activity;

(3.1)  the person having custody of the record or who signed the writing referred to in article 66.1;

(4)  the person having custody of a register kept under or for the purposes of an Act who signed a certificate containing extracts from the register;

(5)  the person who certified a copy which he is authorized to issue under an Act or which the person entrusted with the enforcement of an Act authorized him to issue;

(6)  the clerk or judge who signed a certificate attesting the acquittal or conviction of a defendant, the withdrawal or dismissal of a count or statement of offence, or the stay or suspension of proceedings;

(7)  the clerk who certified a copy of the minutes of a judgment or judicial decision;

(8)  the person who attested receipt of the plea of guilty or of the whole amount of the fine and costs imposed on the defendant;

(9)  the person who, in the context of proceedings under Division II of Chapter VI, issued an attestation or certificate referred to in any of subparagraphs 2 and 5 to 8 of the second paragraph of article 218.4.

1987, c. 96, a. 71; 1995, c. 51, s. 13; 2001, c. 32, s. 94; 2005, c. 27, s. 3; 2015, c. 26, s. 3.

2006-10-02

71. The prosecutor is not required to prove the quality or the signature of the following persons, unless the defendant contests their quality or signature and the judge is of opinion that proof thereof must be established:

(1)  the person who issued the statement of offence in the name of the prosecutor and whose name appears on the statement of offence or offence report;

(2)  the person who certified a copy of the statement of offence or offence report;

(3)  the person who signed an attestation as to the issue, content or non-issue of a certificate, licence, permit or any other authorization required by an Act for the carrying on of an activity;

(3.1)  the person having custody of the record or who signed the writing referred to in article 66.1;

(4)  the person having custody of a register kept under or for the purposes of an Act who signed a certificate containing extracts from the register;

(5)  the person who certified a copy which he is authorized to issue under an Act or which the person entrusted with the enforcement of an Act authorized him to issue;

(6)  the clerk or judge who signed a certificate attesting the acquittal or conviction of a defendant, the withdrawal or dismissal of a count or statement of offence, or the stay or suspension of proceedings;

(7)  the clerk who certified a copy of the minutes of a judgment or judicial decision;

(8)  the person who attested receipt of the plea of guilty or of the whole amount of the fine and costs imposed on the defendant;

(9)  the person who, in the context of proceedings under Division II of Chapter VI, issued a certificate attesting that the defendant did not enter a plea of guilty or not guilty within the time prescribed in article 160 and did not pay the whole or any part of the fine and costs requested.

1987, c. 96, a. 71; 1995, c. 51, s. 13; 2001, c. 32, s. 94; 2005, c. 27, s. 3.

2001-11-01

71. The prosecutor is not required to prove the quality or the signature of the following persons, unless the defendant contests their quality or signature and the judge is of opinion that proof thereof must be established:

(1)  the person who issued the statement of offence in the name of the prosecutor and whose name appears on the statement of offence or offence report;

(2)  the person who certified a copy of the statement of offence or offence report;

(3)  the person who signed an attestation as to the issue, content or non-issue of a certificate, licence, permit or any other authorization required by an Act for the carrying on of an activity;

(3.1)  the person having custody of the record or who signed the writing referred to in article 66.1;

(4)  the person having custody of a register kept under or for the purposes of an Act who signed a certificate containing extracts from the register;

(5)  the person who certified a copy which he is authorized to issue under an Act or which the person entrusted with the enforcement of an Act authorized him to issue;

(6)  the clerk or judge who signed a certificate attesting the acquittal or conviction of a defendant, the withdrawal or dismissal of a count or statement of offence, or the stay or suspension of proceedings;

(7)  the clerk who certified a copy of the minutes of a judgment or judicial decision;

(8)  the person who attested receipt of the plea of guilty or of the whole amount of the fine and costs imposed on the defendant.

1987, c. 96, a. 71; 1995, c. 51, s. 13; 2001, c. 32, s. 94.

1996-03-01

71. The prosecutor is not required to prove the quality or the signature of the following persons, unless the defendant contests their quality or signature and the judge is of opinion that proof thereof must be established:

(1)  the person who issued the statement of offence in the name of the prosecutor and whose name appears on the statement of offence or offence report;

(2)  the person who certified a copy of the statement of offence or offence report;

(3)  the person who signed an attestation as to the issue, content or non-issue of a certificate, licence, permit or any other authorization required by an Act for the carrying on of an activity;

(3.1)  the person having custody of the record or who signed the writing referred to in article 66.1;

(4)  the person having custody of a register kept under or for the purposes of an Act who signed a certificate containing extracts from the register;

(5)  the person who certified a copy which he is authorized to issue under an Act or which the person entrusted with the enforcement of an Act authorized him to issue;

(6)  the clerk or judge who signed a certificate attesting the acquittal or conviction of a defendant, the withdrawal or dismissal of a count or statement of offence, or the stay or suspension of proceedings;

(7)  the clerk who certified a copy of the minutes of a judgment or judicial decision;

(8)  the person who attested receipt of the plea of guilty or of the whole amount of the fine and costs imposed on the defendant.

Not in force

Likewise, the prosecutor is not required to prove the validity of an electronic certification procedure prescribed by regulation unless the defendant contests such validity and the judge is of the opinion that proof thereof must be established.

1987, c. 96, a. 71; 1995, c. 51, s. 13.

1990-10-01

71. The prosecutor is not required to prove the quality or the signature of the following persons, unless the defendant contests their quality or signature and the judge is of opinion that proof thereof must be established:

(1)  the person who issued the statement of offence in the name of the prosecutor and whose name appears on the statement of offence or offence report;

(2)  the person who certified a copy of the statement of offence or offence report;

(3)  the person who signed an attestation as to the issue, content or non-issue of a certificate, licence, permit or any other authorization required by an Act for the carrying on of an activity;

(4)  the person having custody of a register who signed a certificate containing extracts from the register;

(5)  the person who certified a copy he is authorized to issue under an Act;

(6)  the clerk or judge who signed a certificate attesting the acquittal or conviction of a defendant, the withdrawal or dismissal of a count or statement of offence, or the stay or suspension of proceedings;

(7)  the clerk who certified a copy of the minutes of a judgment or judicial decision.

1987, c. 96, a. 71.