R. v. A.D.M.

R. v. A.D.M.

A provincial court has jurisdiction to hear and vary a police‑imposed Form 11.1 undertaking before an information is lodged; the act of releasing a person on a Form 11.1 confers the statutory jurisdiction to seek replacement or variation under ss.499(3)-(4)/503(2.2)-(2.3), and filing an information is not a prerequisite to a court hearing such an application. The application here was granted as consented by the parties.

Citation
2017 NSPC 77
Parties
Crown: Her Majesty the Queen; Accused/applicant: A.D.M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 December 2017
Procedural Posture
Criminal / Bail Variation (pre Arraignment)
Outcome
Application granted; Form 11.1 undertaking varied as consented by counsel
Legal Topics
Pre Trial Release, Police Undertakings (form 11.1), Jurisdiction to Vary Bail, Publication Ban
Source Language
English
Criminal Law Constitutional Law Procedural Law Pre Trial Release Police Undertakings (form 11.1) Jurisdiction to Vary Bail Publication Ban

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Parties

Her Majesty the Queen

Crown

A.D.M.

Accused/applicant

Procedural Posture

Criminal / Bail Variation (pre Arraignment)

Legal Issues

  1. 1 Whether a provincial court has jurisdiction to vary a police‑imposed Form 11.1 undertaking in the absence of a filed information
  2. 2 Whether an application to vary police‑imposed bail can be heard prior to an information being lodged with the court
  3. 3 Whether police‑imposed undertakings comport with s.11(e) Charter protections and judicial oversight

Ratio Decidendi

A provincial court has jurisdiction to hear and vary a police‑imposed Form 11.1 undertaking before an information is lodged; the act of releasing a person on a Form 11.1 confers the statutory jurisdiction to seek replacement or variation under ss.499(3)-(4)/503(2.2)-(2.3), and filing an information is not a prerequisite to a court hearing such an application. The application here was granted as consented by the parties.

Court Disposition

Application granted; Form 11.1 undertaking varied as consented by counsel

Orders

  • Form 11.1 undertaking is varied as consented by counsel
  • Publication ban: any information that might identify the complainant shall not be published or broadcast under s.486.4 of the Criminal Code