R. v. Doncaster (R.I.), (2013) 335 N.S.R.(2d) 331 (SC)

Judge:Moir, J.
Court:Supreme Court of Nova Scotia
Case Date:September 25, 2013
Jurisdiction:Nova Scotia
Citations:(2013), 335 N.S.R.(2d) 331 (SC);2013 NSSC 328
 
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R. v. Doncaster (R.I.) (2013), 335 N.S.R.(2d) 331 (SC);

    1060 A.P.R. 331

MLB headnote and full text

Temp. Cite: [2013] N.S.R.(2d) TBEd. OC.038

Her Majesty the Queen v. Ralph Ivan Doncaster

(CRT 413736; 2013 NSSC 328)

Indexed As: R. v. Doncaster (R.I.)

Nova Scotia Supreme Court

Moir, J.

October 1, 2013.

Summary:

An accused charged with mischief was released on a recognizance with cash bail and conditions that he not contact or communicate with various named persons (witnesses at his trial) and that he "keep the peace and be of good behaviour". The accused applied to vary the conditions to reduce the cash bail, reduce the number of persons to which the non-contact order applied and to delete the condition that he "keep the peace and be of good behaviour".

The Nova Scotia Supreme Court allowed the application in part. The court reduced cash bail, declined to vary the non-contact order, and struck the "keep the peace and be of good behaviour" condition.

Criminal Law - Topic 3307

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - Conditions of - [See Criminal Law - Topic 6707 ].

Criminal Law - Topic 6707

Recognizances and undertakings - General - Terms or conditions of recognizances (incl. banishment) - An accused charged with mischief was released on a recognizance with cash bail and conditions that he not contact or communicate with various named persons (witnesses at his trial) and that he "keep the peace and be of good behaviour" - The accused applied to vary the conditions to reduce the cash bail, reduce the number of persons to which the non-contact order applied and to delete the condition that he "keep the peace and be of good behaviour" - The Nova Scotia Supreme Court reduced cash bail, declined to vary the non-contact order, and struck the "keep the peace and be of good behaviour" condition - The court cautioned against automatic imposition of the non-statutory "keep the peace and be of good behaviour" condition, as "it adds a new layer of sanction, not just to criminal behaviour, but to everything from violation of speed limit regulations on federal lands, such as airports, to violation of dog leashing bylaws of a municipality. ... it is not in harmony with the presumption of innocence. That is why this condition is statutory for probation orders which are imposed after a finding of guilt and not for terms of release. Therefore, a condition to keep the peace and be of good behaviour should not automatically be imposed in cases when the accused bears the onus, or the Crown bears the onus" - See paragraphs 10 to 18.

Criminal Law - Topic 6763

Recognizances and undertakings - Recognizance of bail - Variation of conditions - [See Criminal Law - Topic 6707 ].

Cases Noticed:

R. v. Bosanac, [1995] O.J. No. 4304 (C.J.), refd to. [para. 11].

R. v. A.D.B. (2009), 345 Sask.R. 134; 2009 SKPC 120, refd to. [para. 12].

Counsel:

Craig Botterill, Q.C., for the Crown;

Ralph Ivan Doncaster, on his own behalf.

This application was heard on September 25, 2013, before Moir, J., of the Nova Scotia Supreme Court, whose oral judgment dated October 1, 2013, was released in writing on October 11, 2013.

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