R. v. Fisher, (1984) 64 N.S.R.(2d) 175 (ProvCt)

• Judge: Curran, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 23, 1984
• Jurisdiction: Nova Scotia
• Citations: (1984), 64 N.S.R.(2d) 175 (ProvCt)

R. v. Fisher (1984), 64 N.S.R.(2d) 175 (ProvCt);

    143 A.P.R. 175

MLB headnote and full text

R. v. Fisher

Indexed As: R. v. Fisher

Nova Scotia Provincial Court

Curran, P.C.J.

May 23, 1984.

Summary:

The accused was charged with unlawfully causing bodily harm, contrary to s. 245.1(b) of the Criminal Code of Canada. At the accused's arraignment, counsel objected to the jurisdiction of the Provincial Court, submitting that s. 3 of the Family Court Act and an order made pursuant to the Act by the Governor in Council gave exclusive jurisdiction to the Family Court.

The Nova Scotia Provincial Court dismissed the objection and held that it had jurisdiction because of, inter alia, s. 7(d) of the Provincial Magistrates' Court Act, even if s. 3 attempted to confer exclusive jurisdiction on the Family Court.

Courts - Topic 6066

Provincial courts - Nova Scotia - Provincial Magistrates' Court - Jurisdiction - The accused was charged with unlawfully causing bodily harm, contrary to s. 245.1(b) of the Criminal Code of Canada - At the accused's arraignment counsel objected to the jurisdiction of the Provincial Court, submitting that s. 3 of the Family Court Act and an order made pursuant to the Act by the Governor in Council gave exclusive jurisdiction to the Family Court - The Nova Scotia Provincial Court held that it had jurisdiction because of, inter alia, s. 7(d) of the Provincial Magistrates' Court Act, even if s. 3 attempted to confer exclusive jurisdiction on the Family Court.

Courts - Topic 6166

Provincial courts - Nova Scotia - Family Court - Jurisdiction respecting criminal matters - The accused was charged with unlawfully causing bodily harm, contrary to s. 245.1(b) of the Criminal Code of Canada - At the accused's arraignment, counsel objected to the jurisdiction of the Provincial Court, submitting that s. 3 of the Family Court Act and an order made pursuant to the Act by the Governor in Council gave exclusive jurisdiction to the Family Court - The Nova Scotia Provincial Court held that it had jurisdiction because of, inter alia, s. 7(d) of the Provincial Magistrates' Court Act, even if s. 3 attempted to confer exclusive jurisdiction on the Family Court.

Statutes Noticed:

Family Court Act, R.S.N.S. 1967, c. 98, sect. 3(i) [paras. 3, 4].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 245 [para. 5].

Interpretation Act, R.S.N.S. 1967, c. 151, sect. 23(2) [para. 7].

Counsel:

Jane Greig, for the Crown;

David Grant, for the accused.

This preliminary objection was heard on May 23, 1984, at Lower Sackville, Nova Scotia, before Curran, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment orally on May 23, 1984.