R. v. Hill

R. v. Hill

Provincial Court judges do not have jurisdiction to hear applications to vary interim release orders without Crown consent unless one of three conditions is met: the accused has embarked on an actual trial (evidence called), the judge has completed hearing evidence as a preliminary inquiry justice, or a new information has been laid; because Crown did not consent in this case, the judge had no jurisdiction to hear Mr. Hill's application.

Citation
2005 NSPC 50
Parties
Crown: The Queen; Accused: James Christian Hill
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 October 2005
Procedural Posture
Criminal Variation of Interim Release/bail Conditions / Pre Trial Application to Vary Release Conditions; Jurisdictional Point (no Consent From Prosecutor)
Outcome
Application not heard for lack of jurisdiction because Crown did not consent.
Legal Topics
Interim Release, Bail Variation, Jurisdiction Under S.523 Criminal Code, Judicial Review Under S.520
Source Language
English
Criminal Law Procedure Interim Release Bail Variation Jurisdiction Under S.523 Criminal Code Judicial Review Under S.520

Case Brief

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Parties

The Queen

Crown

James Christian Hill

Accused

Procedural Posture

Criminal Variation of Interim Release/bail Conditions / Pre Trial Application to Vary Release Conditions; Jurisdictional Point (no Consent From Prosecutor)

Legal Issues

  1. 1 When is an accused "being tried" for purposes of s.523(2)(a) of the Criminal Code?
  2. 2 Whether a Provincial Court judge can vary interim release orders without Crown consent when trial is pending after plea.
  3. 3 Available remedies where Crown refuses consent to variation (role of s.520 review).

Ratio Decidendi

Provincial Court judges do not have jurisdiction to hear applications to vary interim release orders without Crown consent unless one of three conditions is met: the accused has embarked on an actual trial (evidence called), the judge has completed hearing evidence as a preliminary inquiry justice, or a new information has been laid; because Crown did not consent in this case, the judge had no jurisdiction to hear Mr. Hill's application.

Court Disposition

Application not heard for lack of jurisdiction because Crown did not consent.

Orders

  • No hearing on the merits; application dismissed for want of jurisdiction.
  • Accused may seek review in superior court pursuant to s.520 of the Criminal Code.