As a result, 14 fruity motorists were the other week bound over to keep the peace by local magistrates under
the Justices of the Peace Act 1361 and attracted more media attention — The Daily Telegraph was one of the nationals to carry all names and addresses — than would have been suffered by them had they mugged the inciting officer of the law.
The provincial government attempted to block the application by arguing judges are unable to sue the government, since
justices of the peace act on behalf of the Crown when they exercise judicial functions.
At that time,
the Justices of the Peace Act was far different than it later became.
4 (3)(k) personal information contained in a court file, a record of a judge of the Court of Appeal of Alberta, the Court of Queen's Bench of Alberta or The Provincial Court of Alberta, a record of a master in chambers of the Court of Queen's Bench of Alberta, a record of a sitting justice of the peace or a presiding justice of the peace under
the Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this clause.
In 2007, following consultations led for the Court by ACJ Ebbs,
the Justices of the Peace Act was amended to create the Justices of the Peace Appointments Advisory Committee (JPAAC).
Upon enactment of
the Justices of the Peace Act, 1989, a Co-ordinator of Justices of the Peace was appointed; the Office of the Co-ordinator within the Office of the Chief Justice was also established.
Not until 1989 did the government, led by Attorney General Ian Scott, begin to respond — in the form of
the Justices of the Peace Act, 1989, which created the Co-ordinator position that Lapkin filled in 1990.
Requirement for a Continuing Education Plan for Justices of the Peace —
Justices of the Peace Act
By the provincial
Justices of the Peace Act, each JP who is appointed must be examined and certified by a County Court judge before he takes up his duties.
Before the implementation of
the Justices of the Peace Act, 1989, many justices of the peace worked part - time and were paid on a fee - for - service basis meaning they were paid a separate and discrete amount for each service they performed, but otherwise received no remuneration as a justice of the peace.The new legislation contemplated justices of the peace working in full - time, salaried positions.
The justices of the peace would see a similar commitment to formal education in 2002, when
the Justices of the Peace Act was similarly amended to provide a requirement for a plan for the continuing education of justices of the peace.
Under common law powers, and also pursuant to various statutes, any person who is before «a court of record having a criminal jurisdiction» (see, for example,
Justices of the Peace Act 1968, s 1) may be bound - over to be of good behaviour, for any period, for any sum.
Not exact matches
Our selfish isolationism, our refusal to participate in the effort to build a world order
of peace and
justice through the League
of Nations, our aloofness from the World court, our scuttling
of the London Economic Conference, our interference with the free flow
of goods by high tariffs, our Oriental Exclusion
Act, our arming
of Japan for her war upon China, are a few
of the counts in the indictment which the God and Father
of all mankind must bring against us.
Against these kinds
of inactivity, H. Richard contrasts the useful inactivity
of Christians who believe that, even when they can not
act meaningfully in history, God is nonetheless working to being about
justice and
peace.
[If a foreign government is your opponent, then you should first offer
justice and
peace, but if this is refused then defend yourself by force against force...] And in such a war it is a Christian
act and an
act of love confidently to kill, rob, and pillage the enemy, and to do everything that can injure him until one has conquered him according to the methods
of war.13
It is Interesting and worth noting that we don't find in the Bible general definitions
of peace and
justice but rather an endless number
of concrete
acts and events in which God and human beings «
act justly» or «unjustly», thus, for instance,
In India, churches should enter into an
act of covenanting, and commit themselves to fight for the marginalised — Dalits, tribals and women — to build a just economic order, to commit themselves to sustainable development;
justice,
peace and the integrity
of creation in our context.
The #NoCuts Coalition is comprised
of the following groups and individuals: Community Voices Heard, U.S. Senator Chuck Schumer, Manhattan North District Council
of Presidents, Federation
of Protestant Welfare Agencies (FPWA), New York Communities for Change, The Black Institute, CASA - New Settlement, MFY Legal Service, Coalition for the Homeless, Pratt Center for Community Development, Neighbors Helping Neighbors, Center for NYC Neighborhoods, GOLES, FUREE, Legal Aid Society, Northwest Bronx Community & Clergy Coalition, CAAAV, Brooklyn For
Peace, WE
ACT for Environmental
Justice, Community Service Society, Center for NYC Neighborhoods, Transport Workers Union Local 100, National Action Network, Racial & Economic
Justice, Red Hook Initiative, Goddard Riverside Community Center, Showing Up for Racial
Justice (SURJ), DC37, Picture The Homeless, Greater New York LECET, Unique People Service, United Neighborhood Houses and Supportive Housing Network
of New York.
1734 — Thomas McKean was born in New London, Chester County, PA 1755 — McKean admitted to the bar and commenced practice in New Castle, Del 1756 — appointed deputy general for Sussex Country and served until 1758 1762-1775 — member
of the Delaware House
of Assembly 1764 — appointed one
of the three trustees
of the loan office 1765 — member
of the Stamp
Act Congress; appointed sole notary for the lower counties
of Delaware; received the commission
of a
justice of the
peace and
of orphans» court 1771 — appointed collector
of the port
of New Castle 1774 - 1776 — member
of the Continental Congress 1776 — signer
of the Declaration
of Independence; member
of the state house
of representatives 1776 — served as speaker 1777 — president
of the state
of Delaware 1777 - 1799 — chief
justice of Pennsylvania 1781 - served as President
of Congress 1787 — member
of the convention
of Pennsylvania which ratified the Constitution
of the United States 1789 — delegate to the state constitutional convention 1799 - 1808 - Governor
of Pennsylvania 1817 — died in Philadelphia, PA
Thanks to Veronica and Kate for inviting others to connect, reflect and
act — and for engaging in a deeper dive into systems thinking and connecting issues
of peace,
justice and sustainability to daily life and practices.
The Ontario Court
of Justice has acquitted a Toronto civil litigation practitioner of a Highway Traffic Act offence after finding a justice of the peace gave the appearance of bias towards him at
Justice has acquitted a Toronto civil litigation practitioner
of a Highway Traffic
Act offence after finding a
justice of the peace gave the appearance of bias towards him at
justice of the
peace gave the appearance
of bias towards him at trial.
[13] The threshold question on this appeal is whether the
justice of the
peace who issued the search warrant
acted on reasonable and probable grounds, as required under both the Criminal Code and the Charter.
Justices of the
peace have been described as «the workhorses
of the provincial regulatory system,» [21] enforcing hundreds
of statutes ranging from the Highway Traffic
Act to the Occupational Health and Safety
Act to the Environmental Protection
Act.
[19] At the time the POA and Provincial Courts Amendment
Act took effect, virtually none
of the sitting
justices of the
peace and very few new appointees were legally trained.
This drawing
of a
Justice of the
Peace hearing and recording a Provincial Offences
Act proceeding was included in Minor Offences, a Ministry
of the Attorney General publication explaining the new legislation and procedures.
Justice McDougall came to the rare conclusion that the limitation was not «prescribed by law» as it was not sufficiently intelligible, at para. 137: ``... I find that the
Act provides no intelligible standard according to which
Justices of the
Peace and the judiciary must do their work.
(2) Where a
justice of the
peace is satisfied on evidence upon oath that there are in a place documents or things that there is reasonable ground to believe will afford evidence relevant to the carrying out
of a review officer's duties under this
Act, the
justice of the
peace may issue a warrant in the prescribed form authorizing the review officer named in the warrant to search the place for any such documents or things and to remove them for the purposes
of making copies or extracts and they shall be returned promptly to the place from which they were removed.
(2) Court personnel referred to in subsection (1) who are assigned to and present in a courtroom shall
act at the direction
of the presiding judge,
justice of the
peace, master or case management master while the court is in session.
(3) Sections 109 (constitutional questions), 125, 126 (language
of proceedings), 132 (judge sitting on appeal), 136 (prohibition against photography at court hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences
Act and, for the purpose, a reference in one
of those sections to a judge includes a
justice of the peace presiding in the Ontario Court of J
justice of the
peace presiding in the Ontario Court
of JusticeJustice.
(e) prescribing and regulating the procedures under any
Act that confers jurisdiction under the Provincial Offences
Act on the Ontario Court
of Justice or a judge or justice of the peace sitting
Justice or a judge or
justice of the peace sitting
justice of the
peace sitting in it;
(2) A
justice of the peace may preside over the Ontario Court of Justice in a proceeding under the Provincial Offenc
justice of the
peace may preside over the Ontario Court
of Justice in a proceeding under the Provincial Offenc
Justice in a proceeding under the Provincial Offences
Act.
38 (1) A provincial judge has the power and authority
of two or more
justices of the
peace when sitting in the Ontario Court
of Justice and shall exercise the powers and perform the duties that any
Act of the Parliament
of Canada confers on a provincial court judge when sitting in the Ontario Court
of Justice.
Further, Gerald Lapkin reached out to lawyers and academics to write textbooks designed for use by
justices of the
peace in preparing themselves to undertake their new responsibilities; the Annotated Provincial Offences
Act, authored by Murray Segal and
Justice Rick Libman being one such text.
The
Act further stipulated qualifications for appointment, criteria for selection and an application, review and interview process that did much to modernize the
justice of the
peace bench and that was much more consistent with the important role
of the
justices of the
peace within the Court.
On appointment, each
justice of the
peace is provided with appropriate resource materials and texts, including the Criminal Code and Provincial Offences
Act.
The resigning partner (the complainant) subsequently appeared before a
justice of the
peace (JP), without notice to his former partner (the respondent) or the opportunity for him to respond — both as the
Act allowed — and alleged the respondent was cyberbullying him.
(1) Subject to subsection (1.1), if a person who has been arrested without warrant by a
peace officer is taken into custody, or if a person who has been arrested without warrant and delivered to a
peace officer under subsection 494 (3) or placed in the custody
of a
peace officer under subsection 163.5 (3)
of the Customs
Act is detained in custody under subsection 503 (1) for an offence described in paragraph 496 (a), (b) or (c), or any other offence that is punishable by imprisonment for five years or less, and has not been taken before a
justice or released from custody under any other provision
of this Part, the officer in charge or another
peace officer shall, as soon as practicable,
(1) A
peace officer who arrests a person with or without warrant or to whom a person is delivered under subsection 494 (3) or into whose custody a person is placed under subsection 163.5 (3)
of the Customs
Act shall cause the person to be detained in custody and, in accordance with the following provisions, to be taken before a
justice to be dealt with according to law:
Mr. Crouch filed an application for a Protection Order under the
Act and it was granted by a
Justice of the
Peace on December 11, 2014 (the «Protection Order»).
27, 30 and 32
of Act to amend the Courts
of Justice Act and other legislative provisions as regards the status
of justices of the
peace, s. 178
of Courts
of Justice Act and Order No. 932-2008.
The
Act gave PJP status to certain
justices of the
peace who had formerly been
justices of the
peace with extended powers.
The litigation arose out
of amendments made to the Courts
of Justice Act in 2004 concerning
justices of the
peace.
The Conférence des juges de paix magistrats du Québec and several presiding
justices of the
peace («PJPs») filed a motion to strike down provisions
of the
Act to amend the Courts
of Justice Act and other legislative provisions as regards the status
of justices of the
peace («the
Act») and the Courts
of Justice Act on the ground the scheme established by the impugned provisions did not guarantee judicial independence.
4 The following persons are excluded from serving as jurors: (a) members
of the Privy Council, the Senate and the House
of Commons
of Canada; (b) members
of the Legislative Assembly
of Alberta and the Executive Council; (c) members
of the council
of a municipality or members
of a board
of trustees
of a school district or school division; (d) judges
of the Provincial Court,
justices of the Court
of Appeal and Court
of Queen's Bench and
justices of the
peace, whether retired or not; (e) barristers and solicitors, whether or not they are practising, and students ‑ at ‑ law; (f) medical examiners under the Fatality Inquiries
Act; (g) officers and employees
of the Legislative Assembly
of Alberta; (h) persons who (i) have been convicted
of a criminal offence for which a pardon has not been granted, or (ii) are currently charged with a criminal offence; (i) witnesses summoned to attend before the Legislative Assembly or a committee
of the Legislative Assembly during the period that their attendance is required; (j) persons confined in an institution; (k) persons engaged in the administration
of justice, including (i) members and employees of any police service, (ii) probation officers, (iii) employees of the Department of Justice, and (iv) employees of the Department of Justice of Canada or the Department of the Solicitor General of
justice, including (i) members and employees
of any police service, (ii) probation officers, (iii) employees
of the Department
of Justice, and (iv) employees of the Department of Justice of Canada or the Department of the Solicitor General of
Justice, and (iv) employees
of the Department
of Justice of Canada or the Department of the Solicitor General of
Justice of Canada or the Department
of the Solicitor General
of Canada.
3 (1) Except where otherwise provided, an oath, affirmation or statutory declaration for the purposes
of this
Act may be taken by a returning officer, election clerk, revision assistant,
justice of the
peace, a commissioner for taking affidavits or a notary public and for election purposes, all election officers appointed by the returning officer are empowered to take such oaths, affirmations or declarations at the poll.
Without specific assignment, senior
justices of the
peace and senior municipal judges may perform routine ministerial
acts, including the solemnization
of marriages, subject to limitations in the jurisdiction in which they are performed, if any, and the administering
of oaths, but shall not admit to bail any person accused
of a crime.
The Germanic law underpinning seems to be that literally anyone may, indeed must make an arrest, with the lynch mob being at the less - civilized end
of the continuum
of detaining miscreants, and
acting under the authorization
of a
justice of the
peace being at the more - civilized end.
The applicant, Joanne Vaughan, applies under s. 131
of the Provincial Offences
Act, R.S.O. 1990, c. P. 33 (the «POA»), for leave to appeal the judgment
of Justice Lalande
of the Ontario Court
of Justice made May 9, 2017 that dismissed her appeal from the conviction and sentence imposed by
Justice of the
Peace Scully on May 1, 2015.