“statute barred by the limitation period contained in s. 786(2) of
the Criminal Code”.
 The summary conviction appeal judge allowed the appeal
and denied the Crown’s request to order a new trial. He entered
acquittals on the basis that, without an amendment to the information, the evidence at trial could not support convictions on the
 I now turn to my analysis of the threshold question —
whether leave to appeal should be granted in this case.
(1) Leave to appeal
 The Crown submits that the robust test for a second level
of appeal has been met because the case raises an important issue
of general application to the administration of criminal justice.
The respondent quite fairly agrees. For the reasons that follow, I
conclude that this is an appropriate case in which to grant leave
 First, the issue that this court is asked to decide is a pure
question of law. Indeed, s. 601(6) of the Criminal Code makes it
so: “[t]he question whether an order to amend an indictment or
a count thereof should be granted or refused is a question of law”.
 Second, this court has not yet addressed the core issue
raised on appeal. Although there is a well-established body of
jurisprudence pertaining to when, how and in what circumstances amendments to charging documents can be made, this
court has not squarely addressed the impact, if any, of the limitation period for instituting summary conviction proceedings on
those otherwise broad powers of amendment.
 Third, it is common for summary conviction trials to
commence after the six-month limitation period has expired. It is
also common for amendments to be made to informations and
counts within informations. Consequently, the question raised on
this appeal will undoubtedly arise again.
 Finally, the central issue raised in this matter could have
ramifications for the general administration of criminal justice.
By way of example, if the six-month limitation period restricts the
type of amendments that can be made, (a) acquittals could result
from technicalities, without any regard to the merits of a case;
and (b) the Crown will be required to proceed by indictment in
cases where some types of amendments to informations are
required outside of the six-month limitation period. Proceeding
by indictment to prosecute cases that are otherwise deserving of
a summary conviction proceeding approach is an inefficient