“defect in a document” includes any error, omission or want of particularity in a document, any failure of a document to comply with the requirements of this Act, any discrepancy between the contents of a document and the evidence that is given at trial, and every defect that but for this section, might make a document invalid;(irrégularité dans un document)
“document” includes a purported document.(document)
106(2)No defect in a document makes that document invalid.
106(3)Where it appears to a judge, on objection by a defendant or otherwise, that a document contains a defect that is not a material defect, the judge shall permit the curing of the defect by
(a)
the providing of further particulars or other necessary material, or
(b)
the making of an amendment to the document.
106(4)Where it appears to a judge, on objection by a defendant or otherwise, that a document contains a defect that is a material defect, the judge shall, subject to subsection (5), permit the curing of the defect by
(a)
the providing of further particulars or other necessary material, or
(b)
the making of an amendment to the document.
106(5)No curing of a defect under subsection (4) shall be permitted if
(a)
the defect was such as to mislead the defendant,
(b)
substantial injustice would be caused to the defendant by curing the defect, and
(c)
the injustice that would be caused to the defendant by curing the defect cannot be overcome by the granting of an adjournment.
106(6)Where a defect in a document is cured under this section, proceedings shall continue as though the document had originally
(a)
contained the further particulars or other material provided, or
(b)
been in the form to which it is amended.
106(7)Where a document contains a defect that cannot be cured under this section, the judge shall order the document to be withdrawn.
106(8)Subsection (7) does not prevent a further document from replacing the document withdrawn if that further document can be prepared in accordance with this Act.
106(9)Once the defendant’s plea has been taken, an objection to a document may only be made with the leave of the judge.
“defect in a document” includes any error, omission or want of particularity in a document, any failure of a document to comply with the requirements of this Act, any discrepancy between the contents of a document and the evidence that is given at trial, and every defect that but for this section, might make a document invalid;
“document” includes a purported document.
106(2)No defect in a document makes that document invalid.
106(3)Where it appears to a judge, on objection by a defendant or otherwise, that a document contains a defect that is not a material defect, the judge shall permit the curing of the defect by
(a)
the providing of further particulars or other necessary material, or
(b)
the making of an amendment to the document.
106(4)Where it appears to a judge, on objection by a defendant or otherwise, that a document contains a defect that is a material defect, the judge shall, subject to subsection (5), permit the curing of the defect by
(a)
the providing of further particulars or other necessary material, or
(b)
the making of an amendment to the document.
106(5)No curing of a defect under subsection (4) shall be permitted if
(a)
the defect was such as to mislead the defendant,
(b)
substantial injustice would be caused to the defendant by curing the defect, and
(c)
the injustice that would be caused to the defendant by curing the defect cannot be overcome by the granting of an adjournment.
106(6)Where a defect in a document is cured under this section, proceedings shall continue as though the document had originally
(a)
contained the further particulars or other material provided, or
(b)
been in the form to which it is amended.
106(7)Where a document contains a defect that cannot be cured under this section, the judge shall order the document to be withdrawn.
106(8)Subsection (7) does not prevent a further document from replacing the document withdrawn if that further document can be prepared in accordance with this Act.
106(9)Once the defendant’s plea has been taken, an objection to a document may only be made with the leave of the judge.