Maxwell v. Moncton (City), (1997) 190 N.B.R.(2d) 376 (TD)

• Judge: Miller, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 16, 1997
• Jurisdiction: New Brunswick
• Citations: (1997), 190 N.B.R.(2d) 376 (TD)

Maxwell v. Moncton (1997), 190 N.B.R.(2d) 376 (TD);

    190 R.N.-B.(2e) 376; 484 A.P.R. 376

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

....................

Temp. Cite: [1997] N.B.R.(2d) TBEd. SE.009

Wendell J. Maxwell (appellant) v. The City of Moncton (respondent)

(M/M/230/96)

Indexed As: Maxwell v. Moncton (City)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Miller, J.

August 29, 1997.

Summary:

Maxwell was charged with violating the municipal parking metre bylaw on nine occasions. Maxwell contended that the bylaw contravened the Charter. The trial judge convicted Maxwell and imposed fines within the limits provided in the bylaw. Maxwell appealed.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal.

Civil Rights - Topic 768

Liberty - Offences - Absolute liability - Validity - [See Civil Rights - Topic 3163 ].

Civil Rights - Topic 3163

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Absolute liability offences - Maxwell was charged with violating the municipal parking meter bylaw on nine occasions - Maxwell con­tended that the bylaw was invalid, because a law that provided for the possibility of imprisonment on conviction for an absolute liability offence was contrary to s. 7 of the Charter - The trial judge found that the only punishment for a parking offence was a fine and the bylaw was not unconsti­tutional - The trial judge convicted Max­well and imposed fines - Maxwell appealed - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal - There was no violation of the Charter, because the bylaw and the empowering legislation did not provide for imprison­ment for failure to pay the fine - See paragraphs 1 to 22.

Civil Rights - Topic 3834.2

Cruel and unusual treatment or punishment - What constitutes cruel and unusual pun­ishment - Mandatory imprisonment for non-payment of fines - [See Civil Rights -Topic 3163 ].

Criminal Law - Topic 5631

Punishments (sentence) - Fines, penalties and compensation orders - Fine - Default -Imprisonment - [See Civil Rights - Topic 3163 ].

Municipal Law - Topic 3985

Bylaws - Enforcement or prosecution - Fines - [See Civil Rights - Topic 3163 ].

Cases Noticed:

R. v. Joe (J.A.) (1993), 92 Man.R.(2d) 8; 61 W.A.C. 8 (C.A.), refd to. [para. 14].

Statutes Noticed:

Moncton (City) Bylaws, Bylaw Relating to the Establishment and Use of Parking Meters, Bylaw 271/65, sect. 6(4) [para. 9]; sect. 14 [para. 13].

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 347.1(5) [para. 17].

Municipalities Act, R.S.N.B. 1973, c. M-22, sect. 100(1) [para. 12]; sect. 164(1), sect. 164(2), sect. 164(3) [para. 7].

Counsel:

Wendell J. Maxwell, on his own behalf;

Terrence E. LeBlanc, for the respondent.

This appeal was heard on June 16, 1997, before Miller, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who delivered the following judgment for the court on August 29, 1997.