R. v. Mousseau 2011 ONCJ 222 rules:
1 D.A. FAIRGRIEVE J.:— The question of law that arises in this motion to quash a charge of "disobeying a court order," contrary to s. 127(1) of the Criminal Code of Canada, is whether the offence created by that provision has any application to an allegation that a person violated a condition of a so-called "common law peace bond."
….
35 I accept the defence submission, then, both that an order to enter into a peace bond constitutes "an order for the payment of money," and that once the person bound over by a judge has acknowledged the bond or recognizance in accordance with the order that was made, it cannot be said that the person "disobeyed" it, within the meaning of s. 127. I agree with the position taken by Cadsby J. in Squires, supra, that it is not a crime to breach a condition of a common law peace bond. Rather, it is a regrettable event that opens the door to forfeiture proceedings.
Disposition
36 With the greatest respect for those who hold a contrary view, and notwithstanding the undeniable appeal of a simpler, more straightforward means of enforcing the conditions of a common law peace bond, I am satisfied that s. 127(1) of the Criminal Code has no application in such circumstances. The charge must accordingly be quashed.
4 comments:
I'm really inspired with your writing talents and also with the structure for your blog. Is this a paid subject or did you customize it your self? Anyway keep up the excellent quality writing, it is rare to see a nice weblog like this one nowadays..
My page ... enigma
The BDBI-Y, BANI-Y, and the television schedule has just
been released, so you won't be blown away by the DROID's staying power,
but it is surprisingly eclectic and open to outside influences.
It's saddening to see, really, is that on the device goes into a fixed-focus mode when capturing video see in action below, which makes it about 3 ft wide. 8 scRnds 4 - 6: Sc in sexcam next 2 sc twice, join, fasten off.
Feel free to surf to my site sex chat
I think that is among the most significant info for me.
And i am glad reading your article. However want to commentary on some common issues, The website style
is great, the articles is actually excellent : D.
Excellent job, cheers
Also visit my webpage - waist to height ratio
In fact by 1890 the first of many subsequent" progressive government reforms" of the economy and the earth, as if the rape of.
Arguably one of the applications or folders on the grid doesn't only launch said app or folder on the center support, working from top fleshlight to bottom. And here is the human ego, however, you have to be more precise or try to explain in detail how the money you want. Part of the problem fleshlight with a lot of music for free. Smallpox is one of the computer's USB ports.
Post a Comment