The Crown appealed a summary conviction decision quashing an information charging the accused with operating a motor vehicle with excess blood alcohol.
The trial judge had held that the information was a nullity due to deficiencies in the confirmation process under s. 508 of the Criminal Code.
Relying on the Court of Appeal’s decision in R. v. Ladouceur, the appeal court held that non-compliance with the confirmation process does not invalidate a properly laid information but only affects jurisdiction over the person.
Because the accused attended court on multiple occasions, any loss of jurisdiction over the person was cured.
The appeal was allowed and the matter remitted to the Ontario Court of Justice to set a trial date.
