R. v. Greener

R. v. Greener

The Provincial Court has jurisdiction to vary the recognizance without prosecutor consent where the charge is within the Provincial Court's absolute jurisdiction or where the accused has elected and been arraigned in the Provincial Court; 'to be tried' is confined to situations after committal/election to another court and before arraignment there, whereas a matter is 'being tried' upon arraignment and during trial stages; therefore prosecutor consent under s.523(2)(c)(iii) is not required in this factual posture and the court will hear the application on its merits.

Citation
2003 NSPC 58
Parties
Prosecution: Her Majesty the Queen; Accused: Stephen Reginald Greener
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 November 2003
Procedural Posture
Criminal Bail Variation / Pre Trial Application to Vary Bail Conditions After Arraignment
Outcome
Judge finds he has jurisdiction to vary recognizance without prosecutor consent and proceeds to hear submissions and evidence on the application.
Legal Topics
Variation of Bail Conditions, Interpretation of S.523 Criminal Code, Jurisdiction of Provincial Court, No Contact Orders, Self Represented Litigants, Prosecutorial Discretion
Source Language
English
Criminal Law Procedure Bail Variation of Bail Conditions Interpretation of S.523 Criminal Code Jurisdiction of Provincial Court No Contact Orders Self Represented Litigants +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Stephen Reginald Greener

Accused

Procedural Posture

Criminal Bail Variation / Pre Trial Application to Vary Bail Conditions After Arraignment

Legal Issues

  1. 1 Whether a Provincial Court judge has jurisdiction to vary bail conditions without prosecutor consent
  2. 2 Proper interpretation of 'to be tried' versus 'being tried' in s.523(2) of the Criminal Code
  3. 3 When prosecutorial consent is required under s.523(2)(c)(iii)

Ratio Decidendi

The Provincial Court has jurisdiction to vary the recognizance without prosecutor consent where the charge is within the Provincial Court's absolute jurisdiction or where the accused has elected and been arraigned in the Provincial Court; 'to be tried' is confined to situations after committal/election to another court and before arraignment there, whereas a matter is 'being tried' upon arraignment and during trial stages; therefore prosecutor consent under s.523(2)(c)(iii) is not required in this factual posture and the court will hear the application on its merits.

Court Disposition

Judge finds he has jurisdiction to vary recognizance without prosecutor consent and proceeds to hear submissions and evidence on the application.

Orders

  • Court declares it has jurisdiction to hear application to vary bail conditions without Crown consent and will proceed to determine the application on its merits.