The Role of Justices of the Peace
The Justice of the Peace Act Regulations (EC2023-349), delineate the roles and responsibilities of justices of the peace in Prince Edward Island (PEI). The regulations specify the jurisdiction of justices of the peace.Â
A staff justice of the peace is empowered to accept guilty pleas, make findings of guilt, and impose fines in accordance with the Youth Justice Act. In instances where a matter is deemed more appropriate for a youth justice court judge, the staff justice is required to refer the case accordingly. Conversely, a judicial justice of the peace possesses broader authority, including the ability to make judicial determinations that impact an individual’s liberty, conduct arraignments, and impose penalties for certain offenses. However, it is important to note that judicial justices of the peace are prohibited from handling cases that involve serious issues such as death, violations of constitutional rights, or matters concerning aboriginal rights.
In terms of remuneration and benefits, full-time judicial justices are entitled to a salary and benefits as determined by a Commission and approved by the Legislative Assembly. They receive sick leave and holidays similar to those granted to civil service employees and are eligible for reimbursement of job-related expenses. Part-time judicial justices also receive compensation and can claim expenses, with their working hours categorized such that a full day consists of eight hours, while a half day comprises four hours.
Individuals appointed to tribunals who are neither judges nor full-time justices are compensated for their service; however, judges and full-time justices do not receive additional remuneration for tribunal work, though they may claim reasonable expenses incurred during their duties. Investigators appointed under the Act are entitled to remuneration as set by the Lieutenant Governor and can also seek reimbursement for expenses related to their investigative responsibilities.
The Justice of the Peace Act Regulations establish structured guidelines regarding the roles, responsibilities, and compensation of justices of the peace in PEI. This regulatory framework is designed to enhance the efficiency and effectiveness of the judicial system, ensuring that legal matters are handled appropriately within the community.
Prince Edward Island (EC2023-349) May 27, 2023