Acts and Regulations

C-23 - Coroners Act

Full text
Declaration of coroner, calling of coroner’s jury
10(1)Upon completing an investigation as to whether an inquest into a death is necessary, the coroner shall make a declaration before a commissioner for taking affidavits to be read in 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, and shall immediately file the declaration with the Chief Coroner.
10(2)If a coroner decides that an inquest is necessary or if a coroner is required to hold an inquest under section 7, 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 at a specified time and place to form a jury of five persons to inquire into the death.
10(3)Only so many persons in excess of five shall be summoned as will be likely to form a jury after allowing for failures to attend or sufficient objection to qualification; and, if necessary to complete the jury, further jurors may be summoned at any time in like manner.
10(4)No person who has served on a jury at an inquest within the twelve months preceding the date of the coroner’s warrant shall be summoned by the peace officer or is qualified to be sworn by the coroner as a juror, except with the consent of the Chief Coroner in writing endorsed on the warrant, but, if such a person is sworn and serves as a juror, the inquest is not by that reason invalidated.
10(5)After an inquest has begun, it may continue notwithstanding that one or two jurors may become unable to act; but if three or more jurors become unable to act, the coroner shall issue a warrant for the summoning of a new jury and begin the inquest de novo.
R.S., c.41, s.8; 1966, c.41, s.4; 1971, c.20, s.7; 1979, c.41, s.26; 1994, c.74, s.59; 2008, c.18, s.4; 2019, c.12, s.5; 2023, c.4, s.16
Declaration of coroner, calling of coroner’s jury
10(1)Upon completing an investigation as to whether an inquest into a death is necessary, the coroner shall make a declaration before a commissioner for taking affidavits to be read in 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 shall immediately file the declaration with the Chief Coroner.
10(2)If a coroner decides that an inquest is necessary or if a coroner is required to hold an inquest under section 7, 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 at a specified time and place to form a jury of five persons to inquire into the death.
10(3)Only so many persons in excess of five shall be summoned as will be likely to form a jury after allowing for failures to attend or sufficient objection to qualification; and, if necessary to complete the jury, further jurors may be summoned at any time in like manner.
10(4)No person who has served on a jury at an inquest within the twelve months preceding the date of the coroner’s warrant shall be summoned by the peace officer or is qualified to be sworn by the coroner as a juror, except with the consent of the Chief Coroner in writing endorsed on the warrant, but, if such a person is sworn and serves as a juror, the inquest is not by that reason invalidated.
10(5)After an inquest has begun, it may continue notwithstanding that one or two jurors may become unable to act; but if three or more jurors become unable to act, the coroner shall issue a warrant for the summoning of a new jury and begin the inquest de novo.
R.S., c.41, s.8; 1966, c.41, s.4; 1971, c.20, s.7; 1979, c.41, s.26; 1994, c.74, s.59; 2008, c.18, s.4; 2019, c.12, s.5
Declaration of coroner
10(1)Upon completing an investigation as to whether an inquest into a death is necessary, the coroner shall make a declaration before a commissioner for taking affidavits to be read in 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 shall immediately file the declaration with the Chief Coroner.
Calling of coroner’s jury
10(2)If a coroner decides that an inquest is necessary or if a coroner is required to hold an inquest under section 7, 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 at a specified time and place to form a jury of five persons to inquire into the death.
Calling of coroner’s jury
10(3)Only so many persons in excess of five shall be summoned as will be likely to form a jury after allowing for failures to attend or sufficient objection to qualification; and, if necessary to complete the jury, further jurors may be summoned at any time in like manner.
Calling of coroner’s jury
10(4)No person who has served on a jury at an inquest within the twelve months preceding the date of the coroner’s warrant shall be summoned by the peace officer or is qualified to be sworn by the coroner as a juror, except with the consent of the Chief Coroner in writing endorsed on the warrant, but, if such a person is sworn and serves as a juror, the inquest is not by that reason invalidated.
Calling of coroner’s jury
10(5)After an inquest has begun, it may continue notwithstanding that one or two jurors may become unable to act; but if three or more jurors become unable to act, the coroner shall issue a warrant for the summoning of a new jury and begin the inquest de novo.
R.S., c.41, s.8; 1966, c.41, s.4; 1971, c.20, s.7; 1979, c.41, s.26; 1994, c.74, s.59; 2008, c.18, s.4
Declaration of coroner
10(1)Upon completing an investigation as to whether an inquest into a death is necessary, the coroner shall make a declaration before a commissioner for taking affidavits to be read in 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 shall immediately file the declaration with the Chief Coroner.
10(2)If a coroner decides that an inquest is necessary or if a coroner is required to hold an inquest under section 7, 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 at a specified time and place to form a jury of five persons to inquire into the death.
Calling of coroner’s jury
10(3)Only so many persons in excess of five shall be summoned as will be likely to form a jury after allowing for failures to attend or sufficient objection to qualification; and, if necessary to complete the jury, further jurors may be summoned at any time in like manner.
Calling of coroner’s jury
10(4)No person who has served on a jury at an inquest within the twelve months preceding the date of the coroner’s warrant shall be summoned by the peace officer or is qualified to be sworn by the coroner as a juror, except with the consent of the Chief Coroner in writing endorsed on the warrant, but, if such a person is sworn and serves as a juror, the inquest is not by that reason invalidated.
Calling of coroner’s jury
10(5)After an inquest has begun, it may continue notwithstanding that one or two jurors may become unable to act; but if three or more jurors become unable to act, the coroner shall issue a warrant for the summoning of a new jury and begin the inquest de novo.
R.S., c.41, s.8; 1966, c.41, s.4; 1971, c.20, s.7; 1979, c.41, s.26; 1994, c.74, s.59; 2008, c.18, s.4
Declaration of coroner
10(1)Upon completing an investigation as to whether an inquest into a death is necessary, the coroner shall make a declaration before a commissioner for taking affidavits to be read in 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 shall immediately file the declaration with the Chief Coroner.
Calling of coroner’s jury
10(2)If a coroner decides that an inquest is necessary or if he is ordered to hold an inquest pursuant to section 7, he shall issue a warrant to a peace officer for summoning a sufficient number of persons, duly qualified as jurors under the provisions of the Jury Act, to appear before him at a specified time and place to form a jury of five persons to inquire into the death.
Calling of coroner’s jury
10(3)Only so many persons in excess of five shall be summoned as will be likely to form a jury after allowing for failures to attend or sufficient objection to qualification; and, if necessary to complete the jury, further jurors may be summoned at any time in like manner.
Calling of coroner’s jury
10(4)No person who has served on a jury at an inquest within the twelve months preceding the date of the coroner’s warrant shall be summoned by the peace officer or is qualified to be sworn by the coroner as a juror, except with the consent of the Chief Coroner in writing endorsed on the warrant, but, if such a person is sworn and serves as a juror, the inquest is not by that reason invalidated.
Calling of coroner’s jury
10(5)After an inquest has begun, it may continue notwithstanding that one or two jurors may become unable to act; but if three or more jurors become unable to act, the coroner shall issue a warrant for the summoning of a new jury and begin the inquest de novo.
R.S., c.41, s.8; 1966, c.41, s.4; 1971, c.20, s.7; 1979, c.41, s.26; 1994, c.74, s.59