The applicant was charged with operating a motor vehicle while impaired by alcohol and exceeding the legal blood alcohol limit.
At trial, the defence brought a motion to quash the information on the grounds that it was a nullity.
The defence argued that because the applicant had been arrested and released on a Promise to Appear, a summons could not be issued under section 507 of the Criminal Code.
The defence further contended that the proper procedure should have been section 507.1, which was not followed, rendering the information statutorily deemed never to have been laid.
The Crown argued that the phrase "has already been arrested" refers to someone held in custody, not merely arrested and released, and that any procedural defect was cured by the applicant's subsequent attornment to the court's jurisdiction.
The court dismissed the motion to quash.
