R. v. Abell, (1979) 3 Sask.R. 181 (CA)

• Judge: Woods, Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: August 08, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 3 Sask.R. 181 (CA)

R. v. Abell (1979), 3 Sask.R. 181 (CA)

MLB headnote and full text

R. v. Abell

(No. 8089)

Indexed As: R. v. Abell

Saskatchewan Court of Appeal

Woods, Brownridge and Bayda, JJ.A.

August 8, 1979.

Summary:

This case arose out of an application to register a sten gun pursuant to s. 98 of the Criminal Code. The application was made on December 20, 1977. Section 98 of the Criminal Code was repealed effective January 1, 1978 and after January 1, 1978 the R.C.M.P. refused to act on the application because of the repeal of s. 98. The gun owner appealed the rejection of the application to the provincial court. The provincial court directed that a registration certificate be issued to the gun owner. The Crown appealed to the Saskatchewan District Court. The Saskatchewan District Court dismissed the appeal. The Crown appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal and held that by virtue of s. 35 of the Interpretation Act the gun owner acquired a right to registration which was unaffected by the repeal of s. 98.

Statutes - Topic 6903

Operation and effect - Repeal - Preservation of rights acquired or accrued under repealed statute - Interpretation Act, s. 35 - A gun owner applied on December 20, 1977, to register his "restricted weapon" pursuant to s. 98 of the Criminal Code - Section 98 was repealed effective January 1, 1978 and after January 1, 1978, the owner's "restricted weapon" became a prohibited weapon - The owner's application was received by the R.C.M.P. prior to January 1, 1978 but after January 1, 1978, the R.C.M.P. refused to act on the application on the ground that s. 98 was repealed on January 1, 1978 - The Saskatchewan Court of Appeal held that by virtue of s. 35 of the Interpretation Act the gun owner acquired a right to registration which was unaffected by the repeal of s. 98 - The Court of Appeal stated that the R.C.M.P. should not have rejected the application - See paragraph 11.

Cases Noticed:

Abbott v. The Minister for Lands, [1895] A.C. 425, refd to. [para. 22].

Director of Public Works v. Ho Po Sang, [1961] A.C. 901, refd to. [para. 26].

Free Lanka Insurance Co. Ltd. v. A.D. Ranasinghe, [1964] A.C. 541, refd to. [para. 26].

Mercke and Company v. Sherman and Ulster Ltd., [1971] C.P.R. 1, refd to. [para. 30].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 98 [repealed January 1, 1978] sect. 106.1(1) [paras. 6, 7].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 35(c) [para. 19].

Counsel:

Barry D. Collins, for the Crown, appellant;

Jay Abell, for the respondent, gun owner.

This appeal was heard by WOODS, BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the Saskatchewan Court of Appeal was delivered at Regina, Saskatchewan on August 8, 1979 and the following opinions were filed:

WOODS, J.A. - see paragraphs 1 to 12,

BAYDA, J.A. - see paragraphs 13 to 38.

BROWNRIDGE, J.A., concurred with WOODS, J.A.