Canadian Criminal Cases Annotated Volume 17

Canadian Criminal Cases Annotated Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...for an order nisi calling upon the justice, and also the party to be affected by the act, to shew cause why the act should not be done; and if, after due service of the order, good cause is not shewn against it, the Court or Judge may make the same absolute, with or without or upon payment of costs, as may seem meet, and the justice, upon being served with the order absolute, shall obey the same, and shall do the act required; and no action or proceeding shall be commenced or prosecuted against the justice for having obeyed the order and done the act required as aforesaid." A criminal information would lie against a justice of the peace for misconduct in his magisterial capacity. Stone's Justice, 228. Such a process would be beyond provincial jurisdic Proceedings against magistrate to compel issue of criminal process Mandamus or summary application in Ontario. tion and the federal laws of criminal procedure would apply to same. And in case the federal Parliament should make statutory provision for other criminal process against justices for the better enforcement of the criminal law, there could be little doubt that such legislation would not be ultra vires and that it would override that part of provincial legislation with which it might be in conflict. The ordinary common law process of mandamus has been aplied in Ontario for the enforcement of magisterial duties, notwithstanding the statute, R.S.O. ch. 88, to which reference has been made above. R. v. Meehan, 5-Can. Cr. Cas. 307 and 312. That a magistrate did not properly appreciate 'the evidence submitted upon an application for the issue of a warrant of arrest for an indictable offence is not a ground for a mandamus to compel him to grant a warrant against more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236902866
  • 9781236902863