Contraventions Act (S.C. 1992, c. 47)

Act current to 2013-04-29 and last amended on 2012-03-13. Previous Versions

REMOVAL OF CONVICTIONS

The following provision is not in force.
Marginal note:Application to contraventions court

  • 46. (1) A defendant who is convicted by the contraventions court or a justice of the peace in a proceeding commenced by means of a ticket or the Attorney General may apply to the court, within thirty days after becoming aware of the conviction, to set it aside.

  • Marginal note:Application to youth court

    (2) A defendant who is convicted by the youth court in a proceeding commenced by means of a ticket or the Attorney General may apply to the court, within thirty days after becoming aware of the conviction, to set it aside.

  • 1992, c. 47, s. 46;
  • 1996, c. 7, s. 27.
The following provision is not in force.
Marginal note:Review of convictions entered in defendant’s absence

  • 47. (1) If the defendant was convicted in his or her absence, the contraventions court may

    • (a) set aside the conviction if the court is satisfied that

      • (i) the defendant was not served with the ticket,

      • (ii) the defendant was not notified of the time and place of the trial although the defendant requested a trial,

      • (iii) the conviction was entered as a result of administrative error and through no fault of the defendant, or

      • (iv) the court lacked jurisdiction to enter the conviction; or

    • (b) dismiss the application.

  • Marginal note:Review of convictions entered after trial

    (2) If the defendant was convicted after a trial, the contraventions or youth court may

    • (a) set aside the conviction if the court is satisfied that

      • (i) the conviction is unreasonable or cannot be supported by the evidence,

      • (ii) the conviction should be set aside on the ground of a wrong decision on a question of law, or

      • (iii) there was a miscarriage of justice; or

    • (b) dismiss the application if

      • (i) the application is not decided in favour of the defendant on any ground mentioned in paragraph (a),

      • (ii) the court is satisfied that no substantial wrong or miscarriage of justice occurred despite being satisfied that the application might be decided in favour of the defendant on any ground mentioned in paragraph (a), or

      • (iii) the court is satisfied that the defendant suffered no prejudice by any procedural irregularity at the trial.

  • Marginal note:Effect of removal of conviction

    (3) A court that sets aside a conviction under subsection (1) or (2) shall direct that a trial be held.

  • Marginal note:Transfer to proper court

    (4) A court that sets aside a conviction under subparagraph (1)(a)(iv) may make an order under section 28 in addition to or in lieu of directing that a trial be held.

  • Marginal note:Trial — contraventions court

    (5) As soon as practicable after the contraventions court directs that a trial be held, the court, the clerk of the court or a justice of the peace shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

  • Marginal note:Trial — youth court

    (6) As soon as practicable after the youth court directs that a trial be held, the court shall fix the time and place of the trial and cause the defendant and the Attorney General to be notified of its time and place.

  • 1992, c. 47, s. 47;
  • 1996, c. 7, s. 28.