CASE NO. VOL. NO.
Her Majesty the Queen
v.
Charlotte Lilly Hardiman
Justice Felix A. Cacchione Halifax, Nova Scotia CR 178640
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LIBRARY HEADINGS
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[Cite as : R. v. Hardiman 2002 NSSC 208]
HEARD: Before the Honourable Justice Felix A. Cacchione at Halifax, Nova Scotia August 9th, 2002
WRITTEN RELEASE
OF DECISION: September 6th, 2002
SUBJECT: Variation of bail conditions when accused is charged with an offence listed in s.469 C.C.C.
SUMMARY: Accused charged with being accessory after the fact to murder. Accused released on conditions with Crown consent. Accused applied to vary conditions pursuant to s.522 and 523 C.C.C. Crown not consenting to variation.
ISSUE: Whether court has jurisdiction to vary conditions where Crown not consenting. Whether Court has inherent jurisdiction to vary bail condition.
RESULT: Court without jurisdiction to vary under s.523 unless Crown consents. No inherent jurisdiction. Criminal Code provides a complete procedure for variation of bail conditions where accused charged with an offence listed in s.469.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT FROM THIS COVER SHEET.