Defamatory libel

See LIBEL.

Defect.

See AMENDMENT, CERTIORARI, COMMITMENT, CONVICTION,
EXTRADITION, Habeas Corpus, Indictment, INFORMATION.

Defence

'Full answer and defence'-Cr. Code 850.

The accused is not denied the right to make "full answer and
defence" to the charge (Cr. Code 850), by reason of the magis-
trate having stated, after hearing the evidence for the prosecu-
tion, that a denial on oath by the accused would not alter his
opinion as to her guilt.
R. v. MCGREgor, (Ont.) 410

Refusal of magistrate to give evidence for the defence.
Where the presiding magistrate is called as a witness for the
defence, but refuses to be sworn, a summary conviction made
without his evidence should not be quashed unless it is shown
that the request to have the magistrate called as a witness was
made in good faith by the defence, that the magistrate could
give material evidence, and that the accused was therefore
prejudiced.
EX PARTE FLANNAGAN, (N.B.) 513

Summary jurisdiction; Note on right to make "full answer
and defence."

Depositions

See EVIDENCE.

Description of offence

See CONVICTION.

See INDICTMENT.

Director.

See COMPANY.

Disqualification of magistrate

Bias-Relationship to prosecutor-Sharing fine.

To invalidate a conviction on the ground of bias in the convict-
ing magistrate, it is not necessary that actual bias should be
proved, and a conviction will be quashed if the facts justify a
reasonable apprehension of bias.

If the accused is aware of the disqualifying circumstances at
the time of the hearing before the magistrate, he should take
objection then to the magistrate acting.

Where the prosecutor in summary proceedings is the magis-
trate's father, and the statute under which the prosecution is

414

Disqualification of magistrate-Continued.

brought entitles the prosecutor to a share of any fine imposed,
the justice is disqualified from adjudicating upon the case.
A conviction made under such circumstances will be quashed,
although there was no conflicting evidence on the summary
trial.
R. v. STEELE, (ONT.) 433

Bias-Relationship-Ratepayer.

A magistrate is not disqualified from trying a charge laid by a
chief license inspector of unlawfully selling liquors, because of
the assistant license inspector's wife being a niece of the
magistrate, if the assistant inspector had in fact nothing to do
with the laying of the charge, and took no part in the prosecu-
tion.

A magistrate is not disqualified from adjudicating upon an
information by reason of his being a ratepayer of a munici-
pality into whose treasury any fine imposed in the case would
be payable when realized. EX PARTE FLANNAGAN, (N.B.) 513

Note on disqualification of magistrate for bias.

Distress

Before commitment.

442

A conviction under the Canada Temperance Act may by virtue
of Cr. Code, sec. 872 (b), direct imprisonment in default of
payment of the fine and costs, without any award of a distress
upon the defendant's goods.
EX PARTE CASSON, (N.B.) 483

Dying declaration

Expectation of death.

The question as to whether there was a settled hopeless
expectation of death, so as to justify the admission of a dying
declaration in evidence, is for the presiding judge at the trial.
R. v. WOODS, (B. C.) 159

Informal deposition as a dying declaration.

A deposition read over to and signed by the deponent may be
admissable in evidence as a dying declaration, although
irregular as a deposition under Cr. Code 687 because taken in
the absence of the accused.
R. v. WOODS, (B.C) 159

Evidence

Former deposition-Contradiction of testimony by.

The oral statement of a witness on his examination before a
magistrate, reduced to writing by the magistrate, must be
proved by the writing if it can be produced, but if the deposi-
tions have been lost or stolen, and no copy of them is under