P-15 - Summary Convictions Act

Section 43 Disposition versions

1977-12-31

43. (1)  Whenever any person appearing, either in obedience to a summons or by virtue of a warrant, or being present and being required by the justice of the peace to give evidence, refuses to be sworn in, or, having been sworn in, refuses to answer such questions as are put to him, or refuses or neglects to produce any document he is ordered to produce, without in any such case offering any just excuse for such refusal, such justice of the peace may adjourn the proceedings for a period not exceeding eight clear days, and may at the same time, by warrant as in form 12, commit the person so refusing to a house of detention, unless he sooner consents to obey the orders of the justice of the peace.

(2)  If such person, upon being brought up upon such adjourned hearing, again refuses to obey the orders of the justice of the peace, the latter, if he sees fit, may again adjourn the proceedings, and commit him for the like period, and so again from time to time until such person consents to obey his orders.

(3)  Nothing in this section shall prevent such justice of the peace from disposing of the case in the meantime, according to any other sufficient evidence given before him.

R. S. 1964, c. 35, s. 40; 1969, c. 21, s. 35.