SECTION 37

Venue

37. A complaint or an information in respect of an offence may be heard, tried or determined by any competent court of criminal jurisdiction in a province if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

BEHIND THE WORDS

This section allows for a choice of courts within a province and also for choosing to have an offence heard either in the province in which the alleged infraction occurred or in any province in which the accused resides or is carrying on business.

COURT DECISIONS OF INTEREST

Section 37 Transportation of Dangerous Goods Act, 1992

R. vs Decade Electronics Ltd.

03-29-93, B.C. Provincial Court,

In a prosecution of two counts under the TDG Act, 1980-81-82-83, c. 36, Judge Husband addressed himself to the provisions of Section 9 of that Act (Sec. 37 of TDG Act 1992) and found that by shipping dangerous goods to a customer in Langley, B.C. the Court was empowered to hear a charge that alleged the offence to have been committed in Toronto, Ontario when dangerous goods were "handled and offered for transport".

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