Crown: M. Basso, Assistant Crown Attorney, Brampton
Defence: C. Penney, Toronto Sex Crimes Lawyer, Brampton
¶ 1 MR PENNEY: S.B. is not here. He's asked me to appear as agent. It's a date to confirm a trial date, Your Honour.
[Submissions are made at this time.]
¶ 2 THE COURT: Well, it's not amendable it's a — I agree with you.
¶ 3 MR PENNEY: It's a nullity.
¶ 4 THE COURT: It's a nullity. However, it seems to me that that's easily corrected. Now, if you don't want to hang on to that trial date, you don't have to. If you're going to take the position that — what position now are you going to take?
¶ 5 MR PENNEY: It's my position, Your Honour, this morning that the Information is a nullity. If Your Honour agrees with that, you have no jurisdiction to remand it to the trial date and having declared it to be a nullity, I leave it up to the Crown whether they ...
[The Court recessed after further submissions.]
¶ 6 CROWN: Yes, if I could address the S.B. matter.
¶ 7 THE COURT: Yes.
¶ 8 MR PENNEY: Good morning again, Your Honour, Penney, initial C.
¶ 9 THE COURT: Yes.
¶ 10 CROWN: Yes, I've reviewed this matter, Your Honour, and because the Informant's signature is illegible, basically ...
¶ 11 THE COURT: It's gone.
¶ 12 CROWN: ... it is a nullity and it's outside the six month period, so a new Information can't be laid.
¶ 13 THE COURT: Thank you.