Acts and Regulations

2017, c.5 - Intimate Partner Violence Intervention Act

Section 8
Disposition versions

Full text
Review by Court
8(1)Subject to subsection (2), within five days after the receipt of an emergency intervention order and supporting documentation, a judge shall review the order and if the judge is satisfied that there was sufficient evidence before the designated authority to support the making of the order, the judge shall
(a) confirm the order, or
(b) vary the order.
8(2)If a judge is not available within the period of time referred to in subsection (1), an emergency intervention order shall be reviewed by a judge as soon as the circumstances permit.
8(3)If, on reviewing an emergency intervention order, the judge is not satisfied that there was sufficient evidence before the designated authority to support the making of the order, the judge shall direct a hearing of the matter in whole or in part before a judge.
8(4)If a judge directs that a matter be heard, the administrator of the Court in the judicial district where the hearing is to be held shall
(a) issue a summons requiring the respondent to appear before the Court, and
(b) give notice of the hearing to the applicant, and the applicant is entitled to attend and may fully participate in the hearing personally or by counsel.
8(5)The evidence that was before the designated authority shall be considered as evidence at the hearing.
8(6)If the respondent fails to attend the hearing, the emergency intervention order may be confirmed in the absence of the respondent.
8(7)The onus is on the respondent to prove that the emergency intervention order should not be confirmed.
8(8)At the hearing, the judge may confirm, set aside or vary the emergency intervention order.
Review by Court
8(1)Subject to subsection (2), within five days after the receipt of an emergency intervention order and supporting documentation, a judge shall review the order and if the judge is satisfied that there was sufficient evidence before the designated authority to support the making of the order, the judge shall
(a) confirm the order, or
(b) vary the order.
8(2)If a judge is not available within the period of time referred to in subsection (1), an emergency intervention order shall be reviewed by a judge as soon as the circumstances permit.
8(3)If, on reviewing an emergency intervention order, the judge is not satisfied that there was sufficient evidence before the designated authority to support the making of the order, the judge shall direct a hearing of the matter in whole or in part before a judge.
8(4)If a judge directs that a matter be heard, the administrator of the Court in the judicial district where the hearing is to be held shall
(a) issue a summons requiring the respondent to appear before the Court, and
(b) give notice of the hearing to the applicant, and the applicant is entitled to attend and may fully participate in the hearing personally or by counsel.
8(5)The evidence that was before the designated authority shall be considered as evidence at the hearing.
8(6)If the respondent fails to attend the hearing, the emergency intervention order may be confirmed in the absence of the respondent.
8(7)The onus is on the respondent to prove that the emergency intervention order should not be confirmed.
8(8)At the hearing, the judge may confirm, set aside or vary the emergency intervention order.