M. v. M.

M. v. M.

The court held that despite alarming unproven allegations, it cannot grant interim protective conditions through the s.810 peace-bond process when the respondent is not before the court; instead the court will notify the police chief requesting investigation and adjourn the matter to allow police action before the...

Source-derived case information.

Citation
2020 NSPC 8
Parties
Applicant: JDM; Applicant: JM; Respondent: DM
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 February 2020
Procedural Posture
Peace Bond Application (s.810 Criminal Code) / Adjourned to Return Date (pre Hearing)
Outcome
Matter adjourned to 20 March 2020 at 9:30am
Legal Topics
Peace Bond, Section 810 Criminal Code, Police Investigation, Interim Protection, Release Conditions, Process to Compel Appearance
Source Language
english
Criminal Law Public Safety Police Procedure Peace Bond Section 810 Criminal Code Police Investigation Interim Protection Release Conditions +1 more

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Summary, issues, holding and outcome

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Parties

JDM

Applicant

JM

Applicant

DM

Respondent

Procedural Posture

Peace Bond Application (s.810 Criminal Code) / Adjourned to Return Date (pre Hearing)

Legal Issues

  1. 1 Whether the court can provide interim protective conditions in a s.810 peace-bond process when the respondent is not before the court
  2. 2 Whether police properly investigated alleged threats and the appropriateness of directing complainants to the peace-bond process
  3. 3 Whether arrest warrants should be used instead of non-custodial process in compelling appearance

Ratio Decidendi

The court held that despite alarming unproven allegations, it cannot grant interim protective conditions through the s.810 peace-bond process when the respondent is not before the court; instead the court will notify the police chief requesting investigation and adjourn the matter to allow police action before the return date.

Court Disposition

Matter adjourned to 20 March 2020 at 9:30am

Orders

  • Copies of the informations to be forwarded to the chief of police for the policing service involved with a written request that the court be notified of any investigative steps before the scheduled return date
  • Matter adjourned to 20 March 2020 at 9:30am