MacKenzie v. Martin

MacKenzie v. Martin

Majority: The magistrate lawfully exercised the common law preventive jurisdiction to bind over for good behaviour; he had jurisdiction, did not exceed it, and there was no evidence of malice or want of reasonable and probable cause, so he is protected by s.2 of the Public Authorities Protection Act and the appeal is dismissed.

Citation
[1954] SCR 361
Parties
Appellant / Plaintiff: Alexander Campbell MacKenzie; Respondent / Police Magistrate and Justice of the Peace: Oliver M. Martin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 May 1954
Procedural Posture
Civil Appeal — False Imprisonment / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment Delivered May 19, 1954
Outcome
Appeal dismissed with costs (majority); dissent would have allowed appeal and remitted for assessment of damages.
Legal Topics
Preventive Justice, Binding Over to Keep the Peace, False Imprisonment, Magistrate Jurisdiction, Public Authorities Protection Act, Habeas Corpus, Criminal Code S.748(2)
Source Language
English
Tort Criminal Law Administrative/judicial Law Procedural Law Preventive Justice Binding Over to Keep the Peace False Imprisonment Magistrate Jurisdiction +3 more

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Parties

Alexander Campbell MacKenzie

Appellant / Plaintiff

Oliver M. Martin

Respondent / Police Magistrate and Justice of the Peace

Procedural Posture

Civil Appeal — False Imprisonment / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment Delivered May 19, 1954

Legal Issues

  1. 1 Whether a magistrate had jurisdiction under common law preventive justice to bind the appellant to find sureties for good behaviour
  2. 2 Whether the Public Authorities Protection Act s.2 protected the magistrate from suit or s.3(1) rendered him liable for acting without or in excess of jurisdiction
  3. 3 Whether Criminal Code s.748(2) or other statutory provisions limited the common law preventive jurisdiction of justices of the peace

Ratio Decidendi

Majority: The magistrate lawfully exercised the common law preventive jurisdiction to bind over for good behaviour; he had jurisdiction, did not exceed it, and there was no evidence of malice or want of reasonable and probable cause, so he is protected by s.2 of the Public Authorities Protection Act and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs (majority); dissent would have allowed appeal and remitted for assessment of damages.

Orders

  • Appeal dismissed with costs.