SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Awad , 2014 NSSC 44
Date: 20140121
Docket: SYDJC: SN419992-SN419995; SN419988-SN419998
Registry: Sydney
Between:
Her Majesty the Queen
Plaintiff
v.
Karim Mossam Mohamed Awad et al
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: January 21, 2014 in Sydney, Nova Scotia
Written Decision: February 3, 2014
Subject: Criminal Law - quashing and amending defective Informations - Crown Appeal to require Trial Judge to allow Informations to be re-sworn and to hear the cases on their merits.
Facts: The Trial Judge found 11 Informations, sworn without reasonable and probable grounds, to be nullities and quashed them.
Issue: 1. Were the Informations nullities?
2. Were the Informations amendable?
Result: Appeal allowed. Trial Judge directed to allow Informations to be re-sworn and to hear the cases on their merits. The Informations were not nullities, they gave fair notice to each accused of the offence charged. As such, absent a finding of injustice or irreparable prejudice to the Accused, (and there was no basis for such a finding here), the Trial Judge was obliged to allow the Informations to be amended.
2. The only possible curative amendment was to have the Informations re-sworn. This was possible even though the 6 month limitation period had expired. (The Crown had proceeded summarily in each instance). Re-swearing the Informations would not constitute a new proceeding but rather the continuation of the proceeding under the original Information as amended,
Cases Noted: R. v. Moore [1988] 1 SCR 1097 (S.C.C.); R. v. Kamperman [1981] N.S.J. 494 (N.S.S.C.); R v. Peavoy (1974) 15 CCC(2d) 97 (Ont H.C.J.); Wilmot v. Ulnooweg Development Group Inc., (2007) N.S.C.A. 49; Canadian Industries Ltd. (1982), 69 C.C.C. (2d) 553 (N.B.C.A.; R v. Whitmore (1987), 41 C.C.C. (3d) 555 (Ont. H.C.J.) aff’d 51 C.C.C. (3d) 294 (Ont. C.A.).
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