The respondent was charged with impaired driving.
Due to a mix-up, the case was called in the wrong courtroom, and a warrant was issued for her arrest while she and her counsel were present in the correct courtroom.
The respondent successfully applied for an order prohibiting further proceedings on the information, arguing the court lost jurisdiction by failing to proceed at the appointed time and place.
The Crown appealed, arguing that s. 440.1 of the Criminal Code cured the defect.
The Supreme Court of Canada dismissed the appeal, holding that s. 440.1 only applies to procedural defects relating to adjournments or remands, not to a complete failure of the court to proceed.
