Bill 30 - An Act to Amend the Coroners Act

BILL 30

An Act to Amend the Coroners Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended

(a) in the French version by repealing the following definitions:

« endroit de détention temporaire »;

« endroit de garde en milieu fermé »;

(b) by repealing the definition “peace officer” and substituting the following:

“peace officer” means (agent de la paix)

(a) the Chief Sheriff or a Deputy Chief Sheriff, regional sheriff, sheriff, deputy sheriff or sheriff’s officer,

(b) a member of the Royal Canadian Mounted Police,

(d) for the purposes of section 5.1,

( i) a person referred to in paragraph (a), (b) or (c),

( ii) an officer of a correctional institution,

( iii) an employee of the Correctional Service of Canada who is designated as a peace officer under the Corrections and Conditional Release Act (Canada),

( iv) an auxiliary police officer or an auxiliary police constable appointed under the Police Act when accompanied by and acting under the supervision of a police officer, other than an auxiliary police officer, appointed under the Police Act or a member of the Royal Canadian Mounted Police,

( v) a person designated as a commercial vehicle inspector under the Highway Act,

( vi) a conservation officer appointed under the Fish and Wildlife Act or the Crown Lands and Forests Act,

( vii) an assistant conservation officer appointed under the Fish and Wildlife Act when accompanied by or acting under the immediate supervision of a conservation officer appointed under that Act,

( viii) an off-road vehicle enforcement officer appointed under the Off-Road Vehicle Act, and

( ix) in national parks established under the Canada National Parks Act (Canada), a park warden as defined in that Act;

“place of secure custody” means a place of secure custody as defined in the Custody and Detention of Young Persons Act; (lieu de garde en milieu fermé)

(d) by repealing the definition “place of temporary detention” in the English version and substituting the following:

“place of temporary detention” means a place of temporary detention as defined in the Custody and Detention of Young Persons Act; (lieu de détention temporaire)

(e) in the definition “coroner” by striking out “the Deputy Chief Coroner” and substituting “a Deputy Chief Coroner”;

(f) by adding the following definitions in alphabetical order:

“correctional institution” means a correctional institution as defined in the Corrections Act; (établissement de correction)

“psychiatric facility” means a psychiatric facility as defined in the Mental Health Act; (établissement psychiatrique)

(g) in the French version by adding the following definitions in alphabetical order:

« lieu de détention temporaire » s’entend selon la définition que donne de ce terme la Loi sur la garde et la détention des adolescents; (place of temporary detention)

« lieu de garde en milieu fermé » s’entend selon la définition que donne de ce terme la Loi sur la garde et la détention des adolescents; (place of secure custody)

2 Subsection 2(5) of the Act is repealed and the following is substituted:

2( 5) The Minister may designate one or more coroners to be a Deputy Chief Coroner for the Province, who shall perform any duty assigned by the Minister or by the Chief Coroner and who, when the position of Chief Coroner is vacant or when the Chief Coroner is unable to act by reason of interest, illness, absence or any other cause, shall perform the duties and exercise the powers of the Chief Coroner.

3 The heading “Oath of coroner” preceding section 3 of the Act is amended by striking out “of coroner” and substituting “or solemn affirmation of coroner”.

4 Section 3 of the Act is repealed and the following is substituted:

3 Before performing any of the duties or exercising any of the powers of a coroner, a coroner shall take an oath or make a solemn affirmation as follows: I, ___________________________________________, of _________________________________________ in the County of _________________________, do swear (or solemnly affirm) that I will faithfully, impartially and honestly perform the duties and exercise the powers of a coroner to the best of my ability. (In the case when an oath is taken, add “So help me God”)

5 The heading “Devoir d’aviser un coroner” preceding section 4 of the French version of the Act is amended by striking out “d’aviser” and substituting “de communiquer avec”.

6 Subsection 4(1) of the English version of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “Unless he or she knows that a coroner has already been notified of the facts and circumstances relating to a death, a person” and substituting “Unless a person knows that a coroner has already been notified of the facts and circumstances relating to a death, the person”;

(b) in subparagraph (a)(ii) by striking out “misadventure” and substituting “an accident”.

7 Section 5 of the Act is amended

(a) in subsection (1) of the English version by striking out “Where he has reason to believe that a person” and substituting “If a person has reason to believe that another person”;

(b) in subsection (2) by striking out “Part II” and substituting “Part 2”.

8 The Act is amended by adding after section 5 the following:

Duty of peace officers to notify Chief Coroner

5.1 A peace officer shall immediately notify the Chief Coroner of the facts and circumstances relating to the death of a person who dies

(a) as a result of the use of force by a peace officer while on duty, or

(b) while detained by or in the custody of a peace officer.

Duty of institutions to notify Chief Coroner

5.2 A person in charge of an institution referred to in this section shall immediately notify the Chief Coroner of the facts and circumstances relating to the death of a person who dies

(a) while a patient of a psychiatric facility,

(b) while detained in a correctional institution, penitentiary, place of secure custody or place of temporary detention, whether or not the person dies on the premises or in custody, or

(c) while a patient of a hospital facility if the patient was transferred to the hospital facility from an institution referred to in paragraph (a) or (b).

Duty to notify Chief Coroner – death in custody

5.3 If a person dies while in custody in accordance with the Family Services Act, the person having actual custody of that person shall immediately notify the Chief Coroner of the facts and circumstances relating to the death.

9 The heading “Death of prisoner, death in hospital facility” preceding section 6 of the Act is repealed.

10 Section 6 of the Act is repealed.

11 Section 6.1 of the English version of the Act is amended by striking out “his or her” and substituting “their”.

12 Section 7 of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) when a judge of The Court of King’s Bench of New Brunswick, a member of the Executive Council or the Chief Coroner orders in writing that the coroner hold an inquest,

(b) by adding after paragraph (a) the following:

(a.1) when a person dies in a circumstance referred to in section 5.1 or 5.2, unless the coroner is satisfied that

( i) the death was due to natural causes and was not preventable and the public interest would not be served by holding an inquest into the death, or

( ii) there was no meaningful connection between the death and the nature or quality of the supervision or care provided to the person by reason of their status or circumstances as set out in section 5.1 or 5.2, or

13 Subsection 8(2) of the English version of the Act is amended by striking out “he” and substituting “the coroner”.

14 Section 9 of the Act is amended

(a) in subsection (1) by striking out “pursuant to section 4 or 6, he shall view the body and make such investigation as is required to enable him” and substituting “under section 4, 5.1, 5.2 or 5.3, the coroner shall view the body and make any investigation that is required to enable the coroner”;

(b) in subsection (2) by striking out “he” and substituting “the coroner”;

(c) in subsection (3) by striking out “pursuant to subsection (2) or section 4 or 6, he shall act himself” and substituting “under subsection (2) or section 4, 5.1, 5.2 or 5.3, the Chief Coroner shall act”;

(d) in subsection (4) of the English version by striking out “assist him in his investigation” and substituting “assist in the investigation”;

(e) in subsection (5) of the English version by striking out “he” and substituting “the peace officer”.

15 Section 9.1 of the Act is amended

(a) in subsection (1) of the English version

( i) in the portion preceding paragraph (a) by striking out “to assist him in the investigation of a death, where he” and substituting “to assist in the investigation of a death, if the coroner”;

( ii) in paragraph (a) by striking out “his” and substituting “the deceased person’s”;

( iii) in paragraph (b) by striking out “the deceased or his” and substituting “the deceased person or the deceased person’s”;

( iv) in paragraph (d) by striking out “he” and substituting “the coroner”;

(b) in subsection (2) by striking out “as soon as is practicable after the conclusion of the investigation or, where there is an inquest, after the conclusion of the inquest, unless he” and substituting “as soon as the circumstances permit after the conclusion of the investigation or, if there is an inquest, after the conclusion of the inquest, unless the coroner or police officer”;

16 Section 10 of the Act is amended

(a) in subsection (1) by striking out “The Court of Queen’s Bench of New Brunswick of his decision whether an inquest is necessary, together with the grounds for his decision” and substituting “The Court of King’s Bench of New Brunswick of the coroner’s decision whether an inquest is necessary, together with the grounds for the decision”;

(b) in subsection (2) of the English version by striking out “he or she shall issue a warrant to a peace officer for summoning a sufficient number of persons, duly qualified as jurors under the Jury Act, to appear before him or her” and substituting “the coroner shall issue a warrant to a peace officer for summoning a sufficient number of persons, duly qualified as jurors under the Jury Act, to appear before the coroner”.

17 The Act is amended by adding after section 10 the following:

More than one death

10.1 The Chief Coroner may direct a coroner to hold a single inquest in respect of more than one death if the Chief Coroner has reason to believe that the facts or circumstances relating to the deaths are sufficiently similar that separate inquests are not necessary.

18 Subsection 11(2) of the English version of the Act is amended by striking out “he himself” and substituting “the coroner”.

19 Subsection 13(1) of the English version of the Act is amended by striking out “his” and substituting “the coroner’s”.

20 Section 14 of the English version of the Act is amended by striking out “him” and substituting “the coroner”.

21 The Act is amended by adding after section 14 the following:

Offence respecting disclosure of juror’s identity

14.1( 1) Unless the Chief Coroner otherwise orders, no person shall publish, broadcast or transmit information that could disclose the identity of a juror.

14.1( 2) A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence.

22 Section 16 of the Act is repealed and the following is substituted:

16 If a person duly summoned to give evidence does not appear to the summons after being openly called three times or the person appears to the summons but refuses without reasonable excuse to answer a question put to them, the coroner may impose on the person a fine not exceeding the maximum fine that may be imposed under subsection 56(6) of the Provincial Offences Procedure Act for a category F offence.

23 Section 22 of the English version of the Act is amended by striking out “he” and substituting “the coroner”.

24 Subsection 23(1) of the English version of the Act is amended by striking out “he” and substituting “the coroner”.

25 Subsection 24(2) of the English version of the Act is amended by striking out “he or she” and substituting “they”.

26 Subsection 25(2) of the English version of the Act is amended by striking out “he” wherever it appears and substituting “the Chief Coroner”.

27 Section 26 of the English version of the Act is amended by striking out “he came to his death” and substituting “the deceased died”.

28 Subsection 27.1(1) of the English version of the Act is amended by striking out “he” and substituting “the Minister”.

29 Section 28 of the English version of the Act is amended by striking out “on application being made to him or on his own motion, under his hand” and substituting “on application to the Chief Coroner or on the Chief Coroner’s own motion, under the Chief Coroner’s hand”.

30 Section 29 of the Act is repealed and the following is substituted:

29( 1) A verdict of the jury is not required to be unanimous, but it must be returned by a majority of the jurors.

29( 2) If a majority of the jurors cannot agree on a verdict, the coroner shall

(a) submit the evidence taken at the inquest, together with the findings, if any, agreed on by a majority of the jurors, to the Chief Coroner, and

(b) discharge the jury.

29( 3) At any time after the jury is discharged under paragraph (2)(b), the Chief Coroner may order the coroner to summon another jury and hold a second inquest, with or without a view of the body as the Chief Coroner considers appropriate.

31 Section 30 of the English version of the Act is amended by striking out “his death; if none such attended, then to any medical practitioner requiring his attendance at” and substituting “the deceased’s death, or if no medical practitioner attended, then to any medical practitioner required to attend”.

32 Section 31 of the English version of the Act is amended

(a) in subsection (2) by striking out “in his belief” and substituting “the person believes”;

(b) in subsection (4) by striking out “he shall file the said report with the Chief Coroner together with an affidavit setting out the facts that in his opinion” and substituting “the coroner shall file the report with the Chief Coroner together with an affidavit setting out the facts that in the coroner’s opinion”.

33 Section 35 of the Act is amended by striking out “Part II” and substituting “Part 2”.

34 Section 36 of the English version of the Act is amended by striking out “he thinks fit after a view of the body by the jurors, by order under his hand” and substituting “the coroner thinks fit after a view of the body by the jurors, by order under the coroner’s hand”.

35 Section 37 of the English version of the Act is amended

(a) in subsection (1) by striking out “his” and substituting “the deceased’s”;

(b) in subsection (3) by striking out “he” and substituting “the coroner”.

36 Section 38 of the English version of the Act is amended

(a) in subsection (3) by striking out “commenced, or he may commence proceedings de novo” and substituting “commenced or may commence new proceedings”;

(b) in subsection (4) by striking out “commences proceedings de novo, anything theretofore done” and substituting “commences new proceedings, anything previously done”.

37 Section 41 of the Act is amended by striking out “The Court of Queen’s Bench of New Brunswick exercising the jurisdiction of a coroner by virtue of his office” and substituting “The Court of King’s Bench of New Brunswick exercising the jurisdiction of a coroner by virtue of the office”.

38 Section 42 of the English version of the Act is amended by striking out “he may forthwith without an inquest, issue” and substituting “the coroner may, without an inquest, immediately issue”.