R. v. I.M.L., (2015) 365 N.S.R.(2d) 24 (PC)

• Judge: Atwood, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: September 09, 2015
• Jurisdiction: Nova Scotia
• Citations: (2015), 365 N.S.R.(2d) 24 (PC);2015 NSPC 60

R. v. I.M.L. (2015), 365 N.S.R.(2d) 24 (PC);

    1151 A.P.R. 24

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. SE.033

Her Majesty the Queen v. I.M.L.

(2901891; 2015 NSPC 60)

Indexed As: R. v. I.M.L.

Nova Scotia Provincial Court

Atwood, P.C.J.

September 9, 2015.

Summary:

The accused was charged with drug-impaired driving. She was released on a promise to appear under s. 503(2) of the Criminal Code. The arresting officer also required the accused to sign an undertaking (Form 11.1), the central condition of which was that the accused was to "abstain from the operation of any motor vehicle on any highway" within the province. The accused applied to delete the driving prohibition.

The Nova Scotia Provincial Court allowed the application. The Form 11.1 undertaking was cancelled. The promise to appear was continued.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 6921

Recognizances and undertakings - Cancellation - General - [See Criminal Law - Topic 6984 ].

Criminal Law - Topic 6963

Recognizances and undertakings - Peace bonds and orders to keep the peace - When granted - [See Criminal Law - Topic 6984 ].

Criminal Law - Topic 6984

Recognizances and undertakings - Undertakings - Variation of conditions - The accused was charged with drug-impaired driving - She was released on a promise to appear under s. 503(2) of the Criminal Code - The arresting officer also required the accused to sign an undertaking (Form 11.1), the central condition of which was that the accused was to "abstain from the operation of any motor vehicle on any highway" within the province - The accused applied to delete the driving prohibition - The Nova Scotia Provincial Court allowed the application - The arresting officer had no authority to impose a driving prohibition as part of Form 11.1 bail - The power of a police officer on releasing a detainee conditionally under ss. 503(2) and 503(2.1) of the Code did not permit a driving prohibition - The court rejected the Crown's request that it replace the Form 11.1 driving prohibition with a judicial undertaking that included such a prohibition - To do so would be an abuse of process - There was no basis for prohibiting the accused from driving - The court also rejected the Crown's request for a condition that the accused "keep the peace and be of good behaviour" - A person with no record for past offences should not be required to keep the peace - The Form 11.1 undertaking was cancelled - The promise to appear was continued.

Criminal Law - Topic 6986

Recognizances and undertakings - Undertakings - Validity - [See Criminal Law - Topic 6984 ].

Cases Noticed:

R. v. Doncaster (R.I.) (2013), 335 N.S.R.(2d) 331; 1060 A.P.R. 331; 2013 NSSC 328, refd to. [para. 18].

R. v. Thompson (G.S.), [2013] N.S.R.(2d) Uned. 300; 2013 NSPC 124, refd to. [para. 18].

R. v. Denny (H.) (2015), 364 N.S.R.(2d) 121; 1146 A.P.R. 121; 2015 NSPC 49, refd to. [para. 18].

Winko v. Forensic Psychiatric Institute (B.C.) et al. (1999), 241 N.R. 1; 124 B.C.A.C. 1; 203 W.A.C. 1 (S.C.C.), refd to. [para. 20].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 503(2), sect. 503(2.1) [para. 12]; sect. 503(2.2) [para. 7].

Authors and Works Noticed:

Sadler, Melody S., Meagor, Elizabeth L. and Kaye, Kimberly E., Stereotypes of mental disorders differ in competence and warmth (2012), 74:6 Social Science & Medicine 915, pp. 915 to 922 [para. 20].

Counsel:

William Gorman, for the Nova Scotia Public Prosecution Service;

I.M.L., on her own behalf.

This application was heard at Pictou, N.S., on September 9, 2015, by Atwood, P.C.J., of the Nova Scotia Provincial Court, who delivered the following decision on the same date.