Chattels (Conviction Series Book 1)

However, where a seizure is made under section 9. The justice of the peace may, upon such conditions as he fixes, allow any interested person to examine the thing seized. The justice of the peace may, however, order that the period of detention be extended for not more than 90 days.

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If no application is made within the ensuing 24 months, the thing seized shall be forfeited pleno jure. In either the one or the other of such cases, notwithstanding section 4 , the case may be heard, tried, determined and adjudged by the justice of the peace or any other justice of the peace for the territorial division where the person is arrested or served, if the latter consents thereto in writing; if not, the justice shall note on the back of the warrant or of the summons the refusal of the accused to submit to trial before him, and the case shall be then heard, tried, determined and adjudged in the territorial division mentioned in section 4 ; and the justice shall issue for such purpose, as well for the transfer of the record as for the appearance of the accused, including therein admission to bail or his committal to a house of detention in the last-mentioned division, such orders as he deems necessary.

A complaint shall be made only within the delays prescribed by the Penal Actions Act chapter A Subsections 4 and 5 apply to the service. Service is deemed to have been made on the date on which the acknowledgement of receipt or notice of delivery was signed by a reasonable person in charge of the office. A corporation shall appear by attorney or by one of its officers generally or specially authorized.

The justice of the peace may authorize a different mode of service, if the circumstances so require. Whenever a warrant is issued in the first instance against a person charged with an offence punishable under the provisions of this act, the justice of the peace issuing it shall furnish a copy or copies thereof; one of such copies shall be given to the person arrested at the time of such arrest. Every warrant may be issued and executed on a non-juridical day.

The director of youth protection shall place the person so arrested in a reception centre and notify his parents without delay of the place where he is, of the time and place at which he is to appear and of the proceedings of which he is the object. The powers attributed to a justice of the peace by this subsection may, at the chief place of the district, be exercised by the clerk of the peace.

Subsections 4 and 5 of section 16 and section 18 shall apply to the service of a summons of this kind. He may also be ordered to pay the costs determined by regulation.

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The room or place in which the justice of the peace sits to hear and try any complaint or information shall be deemed an open and public court, to which the public generally may have access so far as the same can conveniently contain them. Nevertheless, the justice of the peace may order a hearing in camera , in the interest of morality or public order.

A justice of the peace may proceed against a person under 18 years of age notwithstanding the absence of the notice contemplated in subsection 6 of section 16 or that contemplated in section However, the accused may require such person to attend the hearing but the justice of the peace, if he finds the accused guilty, may condemn him to pay additional costs in an amount which he shall fix if he is of opinion that the submission of the report alone would have been sufficient.

If the accused does not appear at the time and place fixed in the summons, and if it appears to the satisfaction of the justice of the peace that the summons was duly served a reasonable time before the time appointed for appearance, such justice of the peace may proceed, by default to appear, to hear and determine the case in the absence of the accused as fully and effectually as if the accused had personally appeared; or the justice of the peace may, if he thinks fit, issue his warrant as provided by sections 20 and 21 , and adjourn the hearing of the complaint or information until the accused is apprehended.

If, upon the day and at the place so appointed, the accused appears voluntarily in obedience to the summons in that behalf served upon him, or is brought before the justice of the peace by virtue of a warrant, and if the complainant or informant, having had due notice, does not appear personally or by counsel, the justice of the peace shall dismiss the complaint or information, unless for any reason he thinks proper to adjourn the hearing of the same until some other day, upon such conditions as he thinks fit.

If both parties appear, either personally or by their respective counsel, before the justice of the peace who is to hear and determine the complaint or information, such justice shall proceed to hear and determine the same. The depositions shall not be taken down in writing; nevertheless, they shall be so taken down, if the Attorney General or his representative requires it, and, in such case, the costs occasioned thereby shall not be taxable.

On the application of the prosecution or of the defence, the justice of the peace may cause the depositions to be taken down in writing, by stenography or in any other manner authorized by the Government, if the party applying therefor assumes the costs thereof, and such costs shall not be taxable. The depositions need not be signed by the witnesses; it shall suffice if they be signed by the justice of the peace or if their correctness be attested by the stenographer under the oath he is obliged to take before taking down such depositions.

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Whenever the depositions are taken down by an official court stenographer, duly sworn in as such, it shall not be necessary for him to be sworn in again in each case, and the attestation that he has been sworn in, in his said quality, shall suffice. After the evidence of the witnesses for the complainant has been taken, the defence may call its own witnesses and, if necessary, the complainant may adduce evidence in rebuttal.

The defendant shall make his address first unless he has not made a defence; the justice of the peace may allow a reply. The justice of the peace may reserve his final decision on any question raised during the trial and when such decision is rendered it shall be deemed to have been rendered at the time when the question was raised.

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Nothing contained in this act shall prevent any prosecutor from giving in evidence an admission or confession, or other statement, made at any time by the person accused or charged, which by law would be admissible as evidence against him. Any fact may be admitted to dispense with proof thereof.

Part I of the Canada Evidence Act Revised Statutes of Canada, , chapter C-5 shall apply to every proceeding under this Act relating to the prosecution of any offence upon information. The justice of the peace, having heard what each party has to say, and the witnesses and evidence adduced, shall consider the whole matter, and, unless otherwise provided, determine the same and convict or make an order against the accused, or dismiss the information or complaint, as the case may be.

In no case may an accused who pleads guilty to or is convicted of an offence be imposed a greater punishment by reason of a previous conviction unless the prosecutor notified the accused before he made his plea that a greater punishment would be sought by reason of the previous conviction. Proof of a previous conviction and of the transmission of the notice is incumbent upon the prosecutor, and shall not be brought forth before the accused pleads guilty or is convicted.

It shall be sufficient to mention in the memorandum, under the signature of the clerk, the judgment rendered by the justice of the peace. The memorandum shall be drawn up according to a form approved by the Government. A certificate of the justice of the peace or of the clerk attesting to the dismissal of a complaint against a defendant or to his conviction shall constitute a bar to any subsequent complaint charging the same defendant with the same offence on the same date.

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Such certificate may be as in Form The clerk, on receipt of such written judgment and of the instructions which accompany it, must comply with such instructions. The judgment thus registered shall have the same effect as if it were delivered by the judge at the trial. In every case of a summary conviction, or of an order made by a justice of the peace, the latter may order that the defendant pay to the collector contemplated in section 57 the costs determined by regulation; those costs are recoverable in the same manner as the fine.

The collector shall remit part of the costs to the prosecutor who has borne expenses related to the prosecution to the extent prescribed by regulation. If the justice of the peace dismisses the complaint or information, he may order the prosecutor to pay the defendant the costs determined by regulation. If in his judgment the justice of the peace orders the payment of a sum of money, he shall fix a time for payment of not less than thirty days from the date of the decision, unless the defendant waives it.

He shall not at that time make any order for recovery of the sum. This section applies, subject to sections 56 and If the justice of the peace has reasonable cause to believe the defendant will abscond, he may order that, failing immediate payment, the defendant be imprisoned for such time as he may fix in accordance with section A judge or a clerk of a municipal court which has not been designated in an order contemplated in section 64 may, in adjudging payment of a fine against a defendant, order that, failing payment forthwith or within such time as he may fix, the property of the defendant be seized or that he be imprisoned.

Notwithstanding any inconsistent provision of a general law or special Act, the term of imprisonment is established under section The collector sends forthwith to the defendant notice of the judgment and, as the case may be, a demand to pay the fine within the time indicated. The collector may come to an agreement with the defendant and grant him, on request, an extension of time, if an examination of his financial situation leads him to believe that the defendant can afford to pay the fine but that an extension of time is justified under the circumstances.

The collector may also come to an agreement with the defendant to receive deferred payments of such amounts, at such intervals and for such time as they agree in writing.

CanLII - Summary Convictions Act, RSQ, c P

At the expiry of the time limit granted by the justice of the peace or of the agreement provided for in section 59 , or where the defendant does not comply with the terms of such an agreement, the collector, if he deems it expedient, may proceed with the seizure. A judgment is executed as a judgment rendered in a civil matter, and the rules relating to the civil execution of judgments apply, except those provided for in Book VIII of the Code of Civil Procedure chapter C , subject to the following exceptions: Subject to section However, the collector must, before proceeding with a seizure of property, ask, verbally and ex parte , a justice of the peace to authorize the seizure.

If, apart from the case provided for in paragraph b of section 62 , the collector ascertains or believes that seizure does not or will not permit recovery of the fine, he may, according to the availability of the compensatory work programs, offer the defendant the option to pay the fine by means of such work in accordance with Schedule A. The collector shall determine the nature of the compensatory work that the defendant may agree to carry out. The collector shall, if the defendant is a person under 18 years of age, entrust the determination of the nature of the compensatory work and the supervision of its carrying out to the director of youth protection having jurisdiction in the place where the person is domiciled.

The agreement to carry out compensatory work is recorded in writing. The defendant who agrees to execute compensatory work may thus pay more than one fine due at the time of the agreement. In that case, the amounts of the fines due are added up to determine the duration of the compensatory work. The carrying out of compensatory work corresponding to the maximum provided for in the first paragraph enables the defendant to pay all the fines due at the time of the agreement, whatever their amounts.

The collector shall send a report to a justice of the peace on the execution of the work once it is completed. On the signing of the report by the justice of the peace, the defendant is released from the payment of the amount of the fine. The Labour Code chapter C , the Act respecting collective agreement decrees chapter D-2 , the Act respecting labour standards chapter N Notwithstanding section 6 of the Act respecting occupational health and safety chapter S Where it has been impossible to offer compensatory work or where the defendant refuses or fails to do such work, the collector, if the fine has not been paid, may present a verbal application to a justice of the peace in order that imprisonment be then prescribed.

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Learn more More Like This. Bull TV Series Edit Cast Series cast summary: Hayes Morrison 13 episodes, Eddie Cahill Conner Wallace 13 episodes, Shawn Ashmore Sam Spencer 13 episodes, Merrin Dungey Maxine Bohen 13 episodes, Emily Kinney Tess Larson 13 episodes, Manny Montana Franklin 'Frankie' Cruz 13 episodes, Daniel Franzese Edit Storyline A brilliant attorney and former First Daughter is blackmailed to heading a unit that investigates cases of wrongful conviction. For the wrongly convicted there's one last hope.

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