What is the effect of s. 34(4)(c) of the Criminal Code on a defendant's opportunity and ability to meet the charge?
Ontario, Canada
The following excerpt is from Halton Region Conservation Authority v. Ahmad, 2018 ONCJ 534 (CanLII):
[32] In generally discussing this factor in York v. Winlow, supra, Mr. Justice Laskin made, in part, the following comments at para 70 of the decision: …To decide whether a defendant is misled or prejudiced under s. 34(4)(c), the court must consider whether the defendant’s opportunity and ability to meet the charge would be adversely affected by the amendment.[6]
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