RSNL1990 CHAPTER J–7 - JUSTICES AND PUBLIC AUTHORITIESPROTECTION ACT

RSNL1990 CHAPTER J–7 JUSTICES AND PUBLIC AUTHORITIES PROTECTION ACT Amended: 2001 cN-3.1 s2; 2010 c32 s1 CHAPTER J-7 AN ACT TO PROVIDE FOR THE PROTECTION OF JUSTICES AND OTHER PUBLIC AUTHORITIES Analysis 1. Short title 2. Definitions 3. Application of Act 4. Actions against justices 5. Where no jurisdiction 6. Conviction and execution by different justices 7. Conviction or order quashed 8. No action 9. Action barred 10. Order requiring justice to act 11. Conviction affirmed 12. Discretionary power 13. Protection claimed despite defect 14. Order on quashing conviction 15. No damages 16. Protection of those acting under ultra vires statute 17. No action for carrying out warrant 18. No action 19. Proceedings set aside Short title 1. This Act may be cited as the Justices and Public Authorities Protection Act. RSN1970 c189 s1 Back to Top Definitions 2. In this Act (a) "judge" means a judge of the Supreme Court, and includes a Provincial Court judge; and (b) "justice" means a justice of the peace. RSN1970 c189 s2; 1979 c38 s7; 1986 c42 Sch B; 1989 c12 s17; 2010 c32 s1 Back to Top Application of Act 3. (1) The Sheriff of Newfoundland and Labrador, his or her deputies, a bailiff and a peace officer when acting in execution or intended execution of their duties shall be considered to be persons acting in the discharge of a statutory or other public duty or authority within the meaning of this Act. (2) This Act does not apply to the St. John's Municipal Council, or to a municipal authority exercising the control and management of a municipal area whether the municipal authority has been appointed or elected. RSN1970 c189 s3; 2001 cN-3.1 s2 Back to Top Actions against justices 4. An action shall not be brought against a justice for an act done by the justice in the execution of his or her duty as a justice with respect to a matter within his or her jurisdiction, unless the act was done maliciously and without reasonable cause. RSN1970 c189 s4 Back to Top Where no jurisdiction 5. For an act done by a justice in a matter in which by law he or she has no jurisdiction, or in which the justice has exceeded his or her jurisdiction, or for an act done under a conviction or order made or a warrant issued by the justice in that matter, a person injured by that act may maintain an action against the justice without alleging or proving that the act was done maliciously and without reasonable cause. RSN1970 c189 s5 Back to Top Conviction and execution by different justices 6. Where a conviction or order has been made by a justice and a warrant of distress or of commitment has been issued by some other justice, in good faith and without collusion, an action shall not be brought against the justice who issued the warrant because of a defect in the conviction or order, or of a lack of jurisdiction in the justice who made it, but the action shall be against the justice who made the conviction or order. RSN1970 c189 s6 Back to Top Conviction or order quashed 7. An action shall not be brought for anything done under a conviction or order or under a warrant issued by a justice to procure the appearance of a party which has been followed by a conviction or order in the same matter, until the conviction or order has been quashed. RSN1970 c189 s7 Back to Top No action 8. Where a warrant issued by a justice requiring the appearance of a party has not been followed by a conviction or order, or is a warrant upon an information for an indictable offence, and a summons was issued previously to the warrant, and the summons was served upon the party, either personally or by leaving it for the party with some person at his or her last or usual place of residence, and he or she did not appear, an action shall not be maintained by that party against the justice for anything done under the warrant. RSN1970 c189 s8 Back to Top Action barred 9. An action shall not be brought against a justice where an order has been made under section 14 for the protection of the justice. RSN1970 c189 s9 Back to Top Order requiring justice to act 10. Where a justice refuses to do an act relating to the duties of his or her office as a justice, the person requiring the act to be done may, upon affidavit stating the facts, and upon 6 days' notice to the justice, and to the party to be affected by the act, apply to a judge of the Trial Division, for an order directing the act to be done. RSN1970 c189 s10; 1974 No57 s38 (264(q)); 1986 c42 Schs A&B Back to Top Conviction affirmed 11. Where a justice has issued a warrant of distress or a warrant of commitment upon a conviction or order which either before or after the issuing of the warrant has been confirmed upon appeal, an action shall not be brought against the justice because of a defect in the conviction or order. RSN1970 c189 s11 Back to Top Discretionary power 12. Where a discretionary power is given to a justice by a statute of Canada or of the province an action shall not be brought against the justice for or because of the manner in which the justice has exercised his or her discretion in the execution of the power. RSN1970 c189 s12 Back to Top Protection claimed despite defect 13. (1) A defect in an information taken before or in a warrant issued by a justice shall not prevent the justice from claiming the benefit and protection of this Act where the judge or the court trying the matter is of the opinion that he or she acted in good faith, and that the informant or complainant intended, by the facts stated to the justice, to charge the commission of an offence which, if it had been set out in proper form in the information or warrant, would have been one within the jurisdiction of the justice. (2) An action shall not be brought against a person who has in good faith laid an information before a justice because of the information not containing a proper description of the offence, or being otherwise defective. RSN1970 c189 s13 Back to Top Order on quashing conviction 14. (1) Where an order is made quashing or altering a conviction or order made by a justice, the court may provide that no action shall be brought against the justice who made the conviction or order or against the informant or an officer acting under the conviction or order or under a warrant issued to enforce the conviction or order. (2) An order under subsection (1) may be made conditional upon payment of the costs of the motion to quash or upon another condition that may be considered appropriate. RSN1970 c189 s14 Back to Top No damages 15. Where a plaintiff was actually guilty of an offence of which he or she was convicted and has undergone no greater punishment than that assigned by law for the offence, or the plaintiff was liable by law to pay a sum of money, then the plaintiff shall not be entitled to recover damages for the imprisonment or the amount of money so paid. RSN1970 c189 s15 Back to Top Protection of those acting under ultra vires statute 16. An action shall not be brought against a justice or other person for anything done by the justice under the supposed authority of a statute of Canada or of the province which was beyond the legislative jurisdiction of the Parliament of Canada or of the Legislature, where the action would not lie against him or her had the statute been within the legislative jurisdiction of Parliament or of the Legislature. RSN1970 c189 s16 Back to Top No action for carrying out warrant 17. (1) An action shall not be brought against the Sheriff of Newfoundland and Labrador, his or her deputies, a peace officer, bailiff or other officer or against a person acting by the sheriff's order and in his or her aid for anything done in obedience to a warrant issued by a justice until demand has been made or left at his or her usual place of residence by the person intending to bring the action or by his or her solicitor or agent in writing, signed by the person making the demand, for the perusal and copy of the warrant and the demand has been refused and neglected for 6 days after the demand. (2) Where, after the demand and compliance with the demand by showing the warrant to and permitting a copy of it to be taken by the person demanding it, an action is brought against the sheriff, deputy sheriff, peace officer, bailiff or officer, or the person so acting, for a cause without making the justice who issued the warrant a defendant, on the production and proof of the warrant at the trial of the action judgment shall be given for the defendant notwithstanding a defect of jurisdiction in the justice. (3) Where the action is brought jointly against the justice and the sheriff, deputy sheriff, peace officer or bailiff or other officer or person so acting, on proof of the warrant, judgment shall be given for the sheriff, deputy sheriff, peace officer or bailiff or other officer or for the person so acting notwithstanding the defect in jurisdiction. (4) Where the judgment is given against the justice the plaintiff shall, in addition to costs awarded to him or her, be entitled to recover from the justice those costs that he or she is liable to pay to the defendant for whom judgment is given. RSN1970 c189 s17; 2001 cN-3.1 s2 Back to Top No action 18. An action shall not be maintained against a person for or because of anything done in obedience to a mandatory order. RSN1970 c189 s18 Back to Top Proceedings set aside 19. Where an action is brought, where by this Act the bringing of an action is prohibited, or before a condition is fulfilled which is required by this Act to be fulfilled before the action may be brought, a judge of the court in which the action is brought may upon application of the defendant and upon an affidavit of facts set aside the proceedings in the action with or without costs. RSN1970 c189 s20