Territorial Court

Decision Information

R v Nitsiza

Court Territorial Court
Date 1971-11-09
Other citations [1972] 1 W.W.R. 617 – 28 D.L.R. (3d) 71 (N.W.T. Terr. Ct.) – 7 C.C.C. (2d) 340
Judge(s) Morrow
Cases and statutes considered Statutes considered:
Magistrate's Court Ordinance, O.N.W.T. 1970(3), c. 7
Interpretation Act, R.S.C. 1970, c. I-23, s. 28
Criminal Code, R.S.C. 1970, c. C-34, s. 482
Decision information:

Summary: An application for a prohibition order preventing the magistrate from proceeding to hear and determine a matter concerning an indictable offense under Part XVI of the Criminal Code on the ground that they were not magistrates as defined therein and consequently without jurisdiction. Court held that s. 13 of the Northwest Territories Act placed the Commissioner in the same law-making position as any provincial legislature and it therefore followed that the appointment of magistrates automatically came under the ambit of s. 466 (b) (i) of the Criminal Code
Decision: Dismissed
Subjects: Judges and courts - Jurisdiction of courts - Inferior courts of province
Statutes - Operation
Statutes - Amendment and re-enactment

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