Summary

38004

Her Majesty the Queen v. Albert Penunsi

(Newfoundland & Labrador) (Criminal) (By Leave)

Keywords

Criminal law - Criminal law - Judicial interim release - Whether the judicial interim release provisions contained in s. 515 of the Criminal Code apply to recognizances to keep the peace set out in ss. 810, 810.01, 810.1 and 810.2 of the Criminal Code - Whether s. 810.2(2) of the Criminal Code empowers a judge to issue a warrant of arrest in order to cause a defendant to a s. 810.2 information to appear - Whether the Court of Appeal erred in law in interpreting the provisions of the Criminal Code - Whether the Court of Appeal erred in law in finding that a judge cannot compel the appearance of a defendant to a s. 810.2 Criminal Code Information by issuing a warrant of arrest - Whether the Court of Appeal erred in law in finding that a defendant to a s. 810.2 Criminal Code Information cannot be subject to a s. 515 Criminal Code hearing - Criminal Code, R.S.C. 1985, c. C-46.

Summary

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An RCMP officer laid an information pursuant to s. 810.2 of the Criminal Code, stating that he had reason to believe that the respondent “will commit a serious personal injury offence.” At the time that this information was laid the respondent was serving a sentence and was expected to be released on December 5, 2014. An arrest warrant was issued, but was never executed. The Provincial Court judge held that s. 515 of the Criminal Code (JIR provisions) do not apply to s. 810.2 Criminal Code applications and he did not have the jurisdiction to have the respondent arrested or impose conditions on his release. Prior to the conclusion of the hearing in the Supreme Court Trial Division (General), the respondent entered into the s. 810.2 of the Code recognizance by consent. Goodridge J. held that s. 515 of the Code applied to s. 810.2 of the Code applications and that the judge erred by refusing to conduct a show cause hearing on the Crown’s request. The Court of Appeal allowed the respondent’s appeal and held that s. 515 of the Code does not apply to s. 810.2 peace bond proceedings.