Judge

• JJ. Speyer

Counsel

• Respondent
  NNo one appearing
• Applicant
  TThompson Hamilton

Parties

• Her Majesty the Queenapplicant
• Cindra Massicotterespondent

Areas of Law

Fact Patterns

Issues

1. Whether the justice of the peace erred by failing to exercise her jurisdiction over the information before her, and quashing the information.→ granted — justice of the peace erred by failing to consider if amendment would fail to satisfy ends of justice
2. Whether the justice of the peace exceeded her jurisdiction by essentially bringing her own motion to quash the information on the basis that the informant’s name was not typed or printed in the space provided on the information.→ granted — justice of the peace exceeded jurisdiction as objection must be taken by motion of the defendant
3. Whether the failure of the justice of the peace to afford the Crown an opportunity to lead extrinsic evidence to support amendment of the information was a jurisdictional error.→ granted — failure to consider available extrinsic evidence was a jurisdictional error