How indifferent are some of the justices of the peace in cases where the prosecutor has not been shown cause by counsel?
Saskatchewan, Canada
The following excerpt is from Dominion Fire Brick & Clay Products Limited v. Saskatchewan (Labour Relations Board), 1946 CanLII 189 (SK CA):
How indifferent justices of the peace should be is indicated by the observation of Avory, J., in Rex v. Surrey JJ.; Ex parte Witherick [1932] 1 K.B. 450, 101 L.J.K.B. 203. That was an application for a writ of certiorari. Avory, J. says at p. 453: “The justices have taken the unusual course of appearing by counsel. There is a convenient and inexpensive course open to justices against whom a rule is granted of filing an affidavit (which has not even to be stamped) and leaving the prosecutor to appear to show cause by counsel if he thinks fit.”
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