R. v. Burke

R. v. Burke

The Nova Scotia Supreme Court has inherent jurisdiction to order an accused to enter into a common-law recognizance to keep the peace and abstain from contact with specified individuals where the accused has had a fair opportunity to know and answer allegations and the court, on credible and trustworthy information, is satisfied there are reasonable grounds to believe the accused may breach the peace; statutory s.810 peace-bond jurisdiction remains with justices/provincial court judges but does not preclude superior court intervention in appropriate, sparingly exercised circumstances.

Citation
2012 NSSC 119
Parties
Provincial Crown: Her Majesty The Queen; Accused: Wayne J.C. Burke
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 March 2012
Procedural Posture
Criminal / Pre Trial Application for Recognizance / Consent Disposition
Outcome
Order granted: court will require accused to enter into a common-law recognizance to keep the peace and abstain from contact with specified individuals.
Legal Topics
Section 810 Criminal Code, Peace Bond / Recognizance, Superior Court Inherent Jurisdiction, Contempt of Court, Limitation Period S.786 Criminal Code, Preventative Justice
Source Language
English
Criminal Law Criminal Procedure Inherent Jurisdiction of Courts Section 810 Criminal Code Peace Bond / Recognizance Superior Court Inherent Jurisdiction Contempt of Court Limitation Period S.786 Criminal Code +1 more

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Parties

Her Majesty The Queen

Provincial Crown

Wayne J.C. Burke

Accused

Procedural Posture

Criminal / Pre Trial Application for Recognizance / Consent Disposition

Legal Issues

  1. 1 Whether the Nova Scotia Supreme Court can order an accused to enter into a recognizance to keep the peace and abstain from contact with specified individuals under its inherent jurisdiction
  2. 2 Whether s.810 Criminal Code confines peace-bond jurisdiction to justices of the peace or provincial court judges
  3. 3 What procedural safeguards and evidentiary standard justify a superior court issuing such preventative orders

Ratio Decidendi

The Nova Scotia Supreme Court has inherent jurisdiction to order an accused to enter into a common-law recognizance to keep the peace and abstain from contact with specified individuals where the accused has had a fair opportunity to know and answer allegations and the court, on credible and trustworthy information, is satisfied there are reasonable grounds to believe the accused may breach the peace; statutory s.810 peace-bond jurisdiction remains with justices/provincial court judges but does not preclude superior court intervention in appropriate, sparingly exercised circumstances.

Court Disposition

Order granted: court will require accused to enter into a common-law recognizance to keep the peace and abstain from contact with specified individuals.

Orders

  • Accused Wayne J.C. Burke to enter into a recognizance to keep the peace and be of good behaviour and to abstain from contact or communication with the two specified individuals, as recommended by the parties.