R. v. I.M.L.

R. v. I.M.L.

The arresting officer lacked statutory authority under s.503(2.1) to impose a driving prohibition in the Form 11.1 undertaking; the applicant met the balance of probabilities standard and demonstrated the prohibition was unjustified and unreasonable under s.515 criteria, so the court cancelled the driving prohibition and dismissed the prosecution's application under s.503(2.3) to judicially impose the same condition.

Citation
2015 NSPC 60
Parties
Crown (prosecution): Her Majesty the Queen; Accused (applicant): I.M.L.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 September 2015
Procedural Posture
Criminal — Bail Variation / Application Under S.503(2.2) to Vary a Form 11.1 Undertaking; Prosecution Brought a S.503(2.3) Application to Impose a Judicial Undertaking
Legal Topics
Bail Conditions, Police Power to Impose Undertakings (form 11.1), Judicial Review of Police Imposed Bail, Mental Health and Bail, Statutory Interpretation of S.503 of the Criminal Code
Source Language
English
Criminal Law Bail and Pre Trial Release Administrative Law Charter Law Bail Conditions Police Power to Impose Undertakings (form 11.1) Judicial Review of Police Imposed Bail Mental Health and Bail +1 more

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Parties

Her Majesty the Queen

Crown (prosecution)

I.M.L.

Accused (applicant)

Procedural Posture

Criminal — Bail Variation / Application Under S.503(2.2) to Vary a Form 11.1 Undertaking; Prosecution Brought a S.503(2.3) Application to Impose a Judicial Undertaking

Legal Issues

  1. 1 Whether a peace officer has authority under s.503(2.1) to impose a driving prohibition in a Form 11.1 undertaking
  2. 2 Appropriate burden and standard of proof on an applicant under s.503(2.2)
  3. 3 Whether a driving prohibition is reasonable under s.515(10) and Charter protections

Ratio Decidendi

The arresting officer lacked statutory authority under s.503(2.1) to impose a driving prohibition in the Form 11.1 undertaking; the applicant met the balance of probabilities standard and demonstrated the prohibition was unjustified and unreasonable under s.515 criteria, so the court cancelled the driving prohibition and dismissed the prosecution's application under s.503(2.3) to judicially impose the same condition.