Reinking, Re, (1984) 3 O.A.C. 137 (DC)

Judge:Hollingworth, J.
Court:Superior Court of Justice of Ontario
Case Date:June 01, 1984
Jurisdiction:Ontario
Citations:(1984), 3 O.A.C. 137 (DC)
 
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Reinking, Re (1984), 3 O.A.C. 137 (DC)

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Re Reinking

Indexed As: Reinking, Re

Ontario Divisional Court

Hollingworth, J.

June 7, 1984.

Summary:

Two summonses were issued to two justices of the peace to testify before a coroner's hearing concerning the death of Michael Reinking. The justices applied to quash the summons.

The Ontario Divisional Court allowed the application and quashed the summonses.

Evidence - Topic 5608

Witnesses - Compellability - Justices of the peace - A justice of the peace refused to make an order (under the Mental Health Act) respecting a manic depressive who was later shot and killed while in an irrational state trying to enter a house at night - A coroner issued a summons to the justice to testify at an inquest - The Ontario Divisional Court quashed the summons because the justice was not a compellable witness respecting his judicial acts - See paragraph 21.

Administrative Law - Topic 1132

Classification of powers - Powers classified as judicial - Orders respecting mentally ill - A justice of the peace acted under s. 31 of the Mental Health Act and refused to make an order to detain a person who was a manic depressive - The Ontario Divisional Court held that the justice was acting judicially - See paragraph 21.

Coroners - Topic 4002

Inquests, purpose of - The Ontario Divisional Court referred to the purpose of a coroner's inquest - See paragraph 18.

Cases Noticed:

Re Clendenning and Board of Police Commissioners (1976), 33 C.C.C.(2d) 236, refd to. [para. 11].

Sirros v. Moore et al., [1974] 3 All. E.R. 776, refd to. [para. 11].

Re Baldwin and Bauer and The Queen (1980), 54 C.C.C.(2d) 85, refd to. [para. 14].

Faber v. The Queen and Two Others (1976), 6 N.R. 1; 8 N.R. 29; 27 C.C.C.(2d) 171 (S.C.C.), refd to. [para. 18].

Statutes Noticed:

Mental Health Act, R.S.O. 1980, c. 262, sect. 10 [para. 9].

Coroner's Act, R.S.O. 1980, c. 93, sect. 31 [para. 13]; sect. 40, sect. 44(1) [para. 16].

Counsel:

Clay M. Powell, Q.C. and Paul D. Stern, for the applicants;

James Blacklock, for the Attorney General of Ontario;

David A. Jarvis, for Mrs. Cornelia Reinking.

This application was heard by Hollingworth, J., of the Ontario Divisional Court on June 1, 1984. The decision of Hollingworth, J., was delivered orally and was released on June 7, 1984.

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