|
8 |
|
|
|
|
First Session, 47th General Assembly 61 Elizabeth II, 2012 |
|
AN ACT TO AMEND THE FAMILY
VIOLENCE PROTECTION ACT |
|
Received and Read the First Time................................................................................................... |
|
Second |
|
Committee............................................................................................................................................ |
|
Third |
|
Royal Assent...................................................................................................................................... |
|
HONOURABLE FELIX COLLINS Minister of Justice and Attorney General |
|
Ordered to be printed by
the Honourable House of Assembly |
EXPLANATORY NOTE This Bill would amend the Family Violence Protection Act to create a statutory right to seek leave to appeal to the Court of Appeal on a question of law or jurisdiction. Currently, no such provision exists in the Act. |
A BILL AN ACT TO AMEND THE FAMILY VIOLENCE PROTECTION ACT Analysis 1.
S.2 Amdt. 2.
S.9 Amdt. 3.
S.12.1 Added Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2005 cF-3.1 1. (1) Paragraph 2(d) of the Family Violence Protection Act is repealed and the following substituted: (d) "court", except as otherwise
provided, means the Provincial Court of Newfoundland and (2) Paragraph 2(g) of the Act is repealed and the following substituted: (g) "judge", except as otherwise
provided, means a 2. Section 9 of the Act is amended by renumbering it as subsection 9(1) and by adding immediately after that subsection the following: (2) Every emergency protection order shall contain a provision that advises the applicant and the respondent that each has the right to make an application under section 12.1. 3. The Act is amended by adding immediately after section 12 the following: Appeal 12.1 (1) With leave of a judge of the Court of Appeal, an appeal from an order made under this Act may be made to the Court of Appeal on a question of law or jurisdiction. (2) Unless a judge of the Court of Appeal orders otherwise, an appeal does not operate as a stay of the order. ©William E. Parsons, Queen's Printer |