When a complaint is brought before a magistrate under oath, when the complaint was taken under oath and it is not before the trial, what is the effect of that under oath?
British Columbia, Canada
The following excerpt is from R. v. West, 2009 BCSC 1164 (CanLII):
Sloan J.A. outright dissented, saying: [4} It seems to me in a proceeding of this character when the magistrate himself takes the complaint and it is before him at the trial he may take judicial notice that it was made under oath and within the statutory time period. In my opinion the principle of Rex v. Lewis, should be applied to the circumstances herein.
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