Doncaster v. Field, 2013 NSCA 150

• Judge: Hamilton, Fichaud and Bryson, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: November 27, 2013
• Jurisdiction: Nova Scotia
• Citations: 2013 NSCA 150;(2013), 340 N.S.R.(2d) 115 (CA)

Doncaster v. Field (2013), 340 N.S.R.(2d) 115 (CA);

    1077 A.P.R. 115

MLB headnote and full text

Temp. Cite: [2013] N.S.R.(2d) TBEd. DE.046

Ralph Ivan Doncaster (appellant) v. Jennifer Lynn Field and Attorney General of Canada (respondents)

(CAC 413496; 2013 NSCA 150)

Indexed As: Doncaster v. Field

Nova Scotia Court of Appeal

Hamilton, Fichaud and Bryson, JJ.A.

December 17, 2013.

Summary:

The Nova Scotia Provincial Court ordered Doncaster to enter into a peace bond for the protection of his estranged wife and children, for a period of 12 months. Doncaster appealed, and challenged the constitutionality of ss. 810(3)(a) and (b) of the Criminal Code. The Attorney General of Canada intervened to address the constitutional issue.

The Nova Scotia Supreme Court, sitting as the Summary Conviction Appeal Court, in a decision reported at 325 N.S.R.(2d) 360; 1031 A.P.R. 360, dismissed the appeal. Doncaster applied for leave to appeal, under s. 839 of the Code.

The Nova Scotia Court of Appeal denied leave to appeal.

Criminal Law - Topic 7602

Summary conviction proceedings - Appeal to a court of appeal - Requirement of leave - The applicant sought leave to appeal from a decision of the Summary Conviction Appeal Court - That Court refused to overturn an order of the Provincial Court that required the applicant to enter into a peace bond for the protection of his estranged wife and children - Pursuant to s. 839(1) of the Criminal Code, an appeal to the Court of Appeal "may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone" - The Nova Scotia Court of Appeal denied leave to appeal - The peace bond expired over six months ago - There was no live controversy respecting the former peace bond - Neither was there any special circumstance that would support the exercise of the Court's discretion to hear a moot issue - This was not one of the "exceptional" cases when the Court "sparingly" granted leave to appeal - See paragraphs 8 to 14.

Practice - Topic 8858

Appeals - Bar or loss of right of appeal - Moot issues - [See Criminal Law - Topic 7602 ].

Cases Noticed:

R. v. Pottie (A.F.) (2013), 330 N.S.R.(2d) 361; 1046 A.P.R. 361; 2013 NSCA 68, refd to. [para. 9].

Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342; 92 N.R. 110; 75 Sask.R. 82, refd to. [para. 12].

Neale v. Reid (1996), 152 N.S.R.(2d) 272; 442 A.P.R. 272, refd to. [para. 13].

R. v. Ouellette, [1980] 1 S.C.R. 568; 32 N.R. 361, refd to. [para. 16].

R. v. Masurak (1961), 132 C.C.C. 279 (C.A.), refd to. [para. 17].

R. v. Simpson (J.) (1998), 172 N.S.R.(2d) 182; 524 A.P.R. 182, refd to. [para. 17].

Counsel:

Ralph Doncaster, appellant, in person;

Sarah Drodge, for the respondent, Attorney General of Canada;

The respondent, Jennifer Lynn Field, not appearing.

This application for leave to appeal was heard on November 27, 2013, in Halifax, Nova Scotia, before Hamilton, Fichaud and Bryson, JJ.A., of the Nova Scotia Court of Appeal. In reasons written by Fichaud, J.A., the Court delivered the following judgment, dated December 17, 2013.