C.C.S.M. c. P160
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1 |
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Definitions |
2 |
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When this Act applies |
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(2) |
When this Act does not apply — municipal by-laws |
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(3) |
References to summary conviction process |
3 |
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General offence |
4 |
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General penalty |
5 |
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Limitation period |
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(2) |
If continuing offence |
6 |
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Definitions |
7 |
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Completing a ticket |
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(2) |
Ticket to be dated and signed |
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(3) |
Ticket to be served on person charged |
8 |
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Content of ticket |
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(2) |
How to specify the offence |
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(3) |
Description of offence |
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(4) |
No need for oath |
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(5) |
Ticket need not set out driver's licence |
9 |
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Photo enforcement ticket |
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(2) |
Content of photo enforcement ticket |
10 |
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Vehicle owner liable to pay parking or photo enforcement ticket |
11 |
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Ticket valid despite irregularities |
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(2) |
Quashing a ticket |
12 |
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Electronic tickets |
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(2) |
Electronic signature |
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(3) |
Sending a ticket in electronic form |
13 |
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How ticket to be served |
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(2) |
Serving a photo enforcement ticket |
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(3) |
Serving a parking ticket |
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(4) |
Serving an employee of vehicle owner |
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(5) |
Substituted service |
14 |
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Ticket filed with the court |
15 |
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Ways to respond to a ticket |
16 |
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If offence is admitted — fine paid |
17 |
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If offence is admitted — amount disputed |
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(2) |
Submissions under oath |
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(3) |
Justice to consider fine |
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(4) |
Notice of fine |
18 |
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If hearing requested |
19 |
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Default conviction if person fails to respond |
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(2) |
Default conviction if person fails to appear at hearing |
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(3) |
No default conviction penalty for parking offence |
20 |
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Notice of default conviction |
21 |
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Application to set aside default conviction |
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(2) |
Application within 30 days |
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(3) |
Fee |
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(4) |
Setting aside the conviction |
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(5) |
When conviction set aside |
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(6) |
If conviction set aside — offence admitted |
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(7) |
If conviction set aside — charge disputed |
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(8) |
If person fails to appear |
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(9) |
Notice of default conviction |
22 |
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Commencing a proceeding by information |
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(2) |
Exception if ticket already served |
23 |
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Completing an information |
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(2) |
Prescribed form and under oath |
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(3) |
Content of information |
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(4) |
Description of offence |
24 |
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Information to be laid before justice |
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(2) |
Justice to review information |
25 |
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Summons to appear |
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(2) |
Content of summons |
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(3) |
Notice of private prosecution to Attorney General |
26 |
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Serving the summons |
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(2) |
Service outside Manitoba |
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(3) |
Service on corporation |
27 |
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Defendant must appear |
28 |
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Arrest warrant in limited circumstances |
29 |
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If defendant admits the offence |
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(2) |
Submissions under oath |
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(3) |
Payment of court costs and surcharges |
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(4) |
Reduction or waiver of costs and surcharge |
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(5) |
If defendant disputes the charge |
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(6) |
Notice of court date |
30 |
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Attorney General may apply for conditions |
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(2) |
Defendant may make submissions |
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(3) |
Order |
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(4) |
Copy of order to defendant |
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(5) |
Conditions effective until matter disposed of |
31 |
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Appearance notice before information laid |
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(2) |
Content |
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(3) |
Serving the notice |
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(4) |
Information must be laid before date of appearance |
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(5) |
Person must appear |
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(6) |
Appearance notice void if no information laid |
32 |
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Definitions |
33 |
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Application of this Part |
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(2) |
Dealing with seized things |
34 |
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Applying for search warrant |
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(2) |
How application may be made |
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(3) |
Notice not required |
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(4) |
Conditions for issuing warrant |
35 |
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Authority of search warrant |
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(2) |
When warrant expires |
36 |
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Securing place to be searched |
37 |
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Execution to begin between 8:00 a.m. – 8:00 p.m. |
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(2) |
Use of force |
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(3) |
Police officer assistance |
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(4) |
Providing a copy |
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(5) |
Posting a copy if place unoccupied |
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(6) |
No invalidation of search or seizure |
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(7) |
Documents in lawyer's possession |
38 |
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Additional seizure powers |
39 |
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Duty of person who seizes things |
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(2) |
Three-month time limit for detention |
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(3) |
Seized things may be examined or copied |
40 |
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Application to extend detention |
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(2) |
Notice |
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(3) |
Order to extend |
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(4) |
Application to provincial judge if more than one year |
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(5) |
Application made after detention period expires |
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(6) |
If person consents |
41 |
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Application to examine or test |
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(2) |
Notice |
42 |
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Application for return or release of seized thing |
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(2) |
Application by prosecutor or responsible official |
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(3) |
Notice — application by owner or person entitled |
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(4) |
Notice — application by prosecutor or responsible official |
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(5) |
Orders |
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(6) |
Detention pending appeal, etc. |
43 |
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Perishable or hazardous things |
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(2) |
Notice |
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(3) |
Proceeds of sale |
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(4) |
Application for payment |
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(5) |
Order |
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(6) |
Notice |
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(7) |
Definition of "proceeds of the sale" |
44 |
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Forfeiture of seized items on a ticket |
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(2) |
Forfeiture after 90 days |
45 |
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Seized records may be copied |
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(2) |
Certified copy as evidence |
46 |
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Warrant to enter and inspect |
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(2) |
Application |
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(3) |
Notice not required |
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(4) |
Use of force |
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(5) |
Police officer assistance |
47 |
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Arrest without warrant |
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(2) |
Police officer assistance |
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(3) |
No arrest without warrant for municipal offence |
48 |
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Release or detention |
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(2) |
Release |
49 |
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Grounds for issuing an arrest warrant |
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(2) |
Form of warrant |
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(3) |
Endorsement permitting release |
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(4) |
Duration of warrant |
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(5) |
Warrant executed by police |
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(6) |
Release or detention |
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(7) |
Promise to appear |
50 |
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Appearance before justice within 24 hours |
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(2) |
Appearance by telephone or other means |
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(3) |
Order for release |
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(4) |
Order for release — additional conditions |
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(5) |
If person detained for 90 days |
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(6) |
Release conditions effective until matter disposed of |
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(7) |
Copy to arrested person |
51 |
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When must a hearing be held? |
52 |
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Pre-hearing conference |
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(2) |
Request by prosecutor, etc. |
53 |
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Appearance of the defendant |
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(2) |
Representative may be excluded |
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(3) |
Exception re lawyers, etc. |
54 |
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Defendant may be compelled to attend |
55 |
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Defendant may admit or deny the offence |
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(2) |
Conviction if defendant admits the offence |
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(3) |
Admitting another offence |
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(4) |
Hearing if no admission |
56 |
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Attorney General may withdraw or stay a charge |
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(2) |
Charge may be recommenced |
57 |
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Attorney General may intervene |
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(2) |
Powers on an intervention |
58 |
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Powers of a justice |
59 |
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Prosecutor to conduct case |
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(2) |
Full answer and defence |
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(3) |
Right to examine witnesses |
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(4) |
Evidence under oath |
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(5) |
Defendant not compellable |
60 |
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Admissible evidence |
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(2) |
Exception |
61 |
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Burden of proving an exception, etc. |
62 |
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Business records |
63 |
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Certificate evidence from enforcement officer |
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(2) |
No need to prove appointment or signature |
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(3) |
Limited right to require officer to attend |
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(4) |
Decision as to attendance |
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(5) |
Onus |
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(6) |
Notice |
64 |
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Subpoena directed to a witness |
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(2) |
Service |
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(3) |
Person must attend |
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(4) |
Person must remain in attendance |
65 |
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Arrest of witness who fails to respond to subpoena |
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(2) |
Warrant executed by police |
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(3) |
Bringing before a justice |
66 |
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Decision of justice after hearing |
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(2) |
Order endorsed on ticket or information |
67 |
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Proceeding on an information if defendant absent |
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(2) |
Proof of service required |
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(3) |
Proving the defendant's identity |
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(4) |
No imprisonment when defendant absent |
68 |
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Purpose of sentencing |
69 |
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Submissions as to penalty |
70 |
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Victim impact statement |
71 |
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Ticket — penalty on conviction |
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(2) |
No imprisonment |
72 |
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Information — penalty on conviction |
73 |
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Payment of court costs and surcharges |
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(2) |
Reduction or waiver of costs and surcharge |
74 |
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Imprisonment served in community |
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(2) |
Intermittent imprisonment |
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(3) |
Sentences consecutive |
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(4) |
Warrant of committal |
75 |
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Conditions may be imposed on defendant |
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(2) |
Copy to defendant |
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(3) |
Application to vary conditions |
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(4) |
Copy of order to defendant |
76 |
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Reprimand |
77 |
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Forfeiture of unlawful things |
78 |
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Request for time to pay |
79 |
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Right to appeal — defendant |
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(2) |
Right to appeal — Attorney General or prosecutor |
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(3) |
Limited appeal re tickets |
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(4) |
Right of appeal re seized things |
80 |
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Notice of appeal or application for leave |
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(2) |
Reasons |
81 |
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Stay |
82 |
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Decision on appeal |
83 |
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Direct appeal to Court of Appeal |
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(2) |
Order re the appeal |
84 |
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Further appeal |
85 |
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Custody pending appeal |
86 |
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Definitions |
87 |
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Unpaid fine is debt to government |
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(2) |
If fines payable to municipality |
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(3) |
Collection and enforcement by municipality |
88 |
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Notice of collection action |
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(2) |
Deadline |
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(3) |
Notice |
89 |
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Registrar's powers re driver's licence and vehicle registration |
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(2) |
MPIC may refuse premiums |
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(3) |
Administrative fee |
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(4) |
When fine is paid |
90 |
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Certificate filed in the King's Bench |
91 |
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Default on a restitution order |
92 |
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Lien for unpaid fines |
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(2) |
Extent of security |
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(3) |
Amount of administration fee |
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(4) |
When lien takes effect |
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(5) |
Priority not lost |
93 |
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Registration of lien in Personal Property Registry |
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(2) |
Effect of registration |
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(3) |
Priority of lien |
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(4) |
Authority may postpone, amend, renew or discharge lien |
94 |
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Notice of lien to debtor |
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(2) |
Notice |
95 |
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Request for information about debtor |
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(2) |
Information to be provided |
96 |
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Evidence to be recorded |
97 |
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Evidence under oath |
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(2) |
Oath when information submitted electronically |
98 |
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Common law defences apply |
99 |
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Ignorance of the law |
100 |
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Civil remedies preserved |
101 |
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Minimum age |
102 |
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Secondary liability for an offence |
103 |
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Contempt |
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(2) |
Justice to explain the contempt |
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(3) |
If justice not a provincial judge |
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(4) |
Show cause hearing |
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(5) |
If person fails to attend |
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(6) |
Barring representative in contempt |
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(7) |
Appeal |
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(8) |
Enforcement |
104 |
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Interpreter |
105 |
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Validity of summons, warrant, etc. |
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(2) |
Adjournment to deal with irregularities |
106 |
|
How notice is to be given under this Act |
|
(2) |
Notice to corporation |
|
(3) |
Exception |
107 |
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Proof of service |
108 |
|
Court costs on a ticket |
109 |
|
No justice services surcharge for certain offences |
110 |
|
How payments are to be applied |
111 |
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Regulations |
112 |
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Regulations by minister |
113 |
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Application of Criminal Code |
114 |
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Offences |
|
(2) |
Penalties |
115 |
|
Rounding amounts payable down to nearest dollar |
116 |
|
Order made by a justice under another Act |
117 |
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Overviews |
118 to 139 |
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[Consequential amendments] |
140 |
|
Definition of "former Act" |
141 |
|
Act applies to existing proceedings |
142 |
|
Tickets |
|
(2) |
Informations, summons, warrants or appearance notices |
143 |
|
Offence notice under former Act without set fine |
|
(2) |
Offence notice without set fine — default conviction |
144 |
|
Default conviction under former Act |
|
(2) |
Default conviction set aside |
|
(3) |
Application after 30 days |
145 |
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Repeal |
146 |
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C.C.S.M. reference |
147 |
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Coming into force — proclamation |
|
(2) |
Coming into force — subsections 123(3) and (4) |