Acts and Regulations

C-23 - Coroners Act

Section 39
Disposition versions

Full text
Order of judge respecting inquest
39(1)Where The Court of King’s Bench of New Brunswick, or a judge thereof, upon application made by or under the authority of the Minister, is satisfied
(a) that a coroner refuses or neglects to hold an inquest that should be held, or
(b) where an inquest has been held and, by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, or otherwise, it is necessary or desirable in the interests of justice that another inquest be held,
the court or judge may order an inquest to be held, and that the coroner pay such costs of and incidental to the application as to the court or judge may seem just; and where an inquest has been already held, may quash the inquisition.
39(2)The court or judge may order that such inquest be held by any coroner.
39(3)Upon an inquest so ordered it shall not be necessary, unless the court or judge otherwise orders, to view the body, but save as aforesaid, the inquest shall be held in like manner in all respects as any other inquest under this Act.
R.S., c.41, s.36; 1966, c.41, s.19; 1971, c.20, s.30; 1979, c.41, s.26; 2023, c.17, s.45
Order of judge respecting inquest
39(1)Where The Court of Queen’s Bench of New Brunswick, or a judge thereof, upon application made by or under the authority of the Minister, is satisfied
(a) that a coroner refuses or neglects to hold an inquest that should be held, or
(b) where an inquest has been held and, by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, or otherwise, it is necessary or desirable in the interests of justice that another inquest be held,
the court or judge may order an inquest to be held, and that the coroner pay such costs of and incidental to the application as to the court or judge may seem just; and where an inquest has been already held, may quash the inquisition.
39(2)The court or judge may order that such inquest be held by any coroner.
39(3)Upon an inquest so ordered it shall not be necessary, unless the court or judge otherwise orders, to view the body, but save as aforesaid, the inquest shall be held in like manner in all respects as any other inquest under this Act.
R.S., c.41, s.36; 1966, c.41, s.19; 1971, c.20, s.30; 1979, c.41, s.26
Order of judge respecting inquest
39(1)Where The Court of Queen’s Bench of New Brunswick, or a judge thereof, upon application made by or under the authority of the Minister, is satisfied
(a) that a coroner refuses or neglects to hold an inquest that should be held, or
(b) where an inquest has been held and, by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, or otherwise, it is necessary or desirable in the interests of justice that another inquest be held,
the court or judge may order an inquest to be held, and that the coroner pay such costs of and incidental to the application as to the court or judge may seem just; and where an inquest has been already held, may quash the inquisition.
39(2)The court or judge may order that such inquest be held by any coroner.
39(3)Upon an inquest so ordered it shall not be necessary, unless the court or judge otherwise orders, to view the body, but save as aforesaid, the inquest shall be held in like manner in all respects as any other inquest under this Act.
R.S., c.41, s.36; 1966, c.41, s.19; 1971, c.20, s.30; 1979, c.41, s.26