Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn?

Alberta, Canada


The following excerpt is from R. v. Goerz, 1971 ALTASCAD 70 (CanLII):

In Hannan v. The Queen (1971) 1970 CanLII 580 (SK QB), 2 W.W.R. 212 Sirois J. held where a charge under section 222 had been laid against an accused and subsequently notice and a copy of certificate were given him, but at his trial the charge under section 222 had been withdrawn and a new charge under section 224 substituted, it could not be said reasonable notice had been given the accused. I think this is so. As Sirois J. said at p. 218, "There is no argument that the evidential value of the certificate varies greatly when tendered under section 222 as compared to section 224". An accused should have a reasonable time to consider whether he wishes to apply to have the analyst called and whether he would or not might well depend upon the section under which he is charged.

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