What is the test for determining whether or not a superior court judge has any powers or authority to order that a defendant be bound by the Criminal Code?
Ontario, Canada
The following excerpt is from Lapinskas v. Lapinskas, 1977 CanLII 643 (ON CJ):
[10] The court in The Queen v. Doyle (1976), [1977] 1 S.C.R. 597, 9 N.R. 285, 10 Nfld. & P.E.I.R. 45, 17 A.P.R. 45, 68 D.L.R. (3d) 270, 29 C.C.C. (2d) 177, 35 C.R.N.S. 1, 1976 CanLII 11, [1976] S.C.J. No. 38, 1976 CarswellNfld 3, stated (at page 602 [S.C.R.]): Whatever inherent powers may be possessed by a superior court judge in controlling the process of his own court, it is my opinion that the powers and functions of a magistrate acting under the Criminal Code are circumscribed by the provisions of that statute and must be found to have been thereby conferred either expressly or by necessary implication.
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