R. v. Anderson (J.) et al., (2015) 367 Nfld. & P.E.I.R. 36 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 12, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 367 Nfld. & P.E.I.R. 36 (NLPC);2015 NLPC 1315

R. v. Anderson (J.) (2015), 367 Nfld. & P.E.I.R. 36 (NLPC);

    1147 A.P.R. 36

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MY.035

Her Majesty the Queen v. John Anderson, Yvan Roy-Sutherland, Rodney Paul, Jason Barrett & Daryl Trelegan

(2015 NLPC 1315A00282)

Indexed As: R. v. Anderson (J.) et al.

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

May 26, 2015.

Summary:

Each of the five accused pleaded guilty to the Canada National Park Act offence of either operating an "over-snow vehicle" in Gros Morne National Park without the written permission of the Superintendent of the Park (National Parks Highway Traffic Regulations, s. 41(1)(a)) or operating an "over-snow vehicle" in a portion of the Park where such operation was prohibited (Regulations, s. 41(1)(c)).

The Newfoundland and Labrador Provincial Court sentenced each accused to a $600 fine and 25 hours of volunteer work within the Park as supervised and arranged by the Superintendent.

Criminal Law - Topic 5801.1

Sentencing - General - Proportionality - Each of the five accused pleaded guilty to the Canada National Park Act offence of either operating an "over-snow vehicle" in Gros Morne National Park without the written permission of the Superintendent of the Park (National Parks Highway Traffic Regulations, s. 41(1)(a)) or operating an "over-snow vehicle" in a portion of the Park where such operation was prohibited (Regulations, s. 41(1)(c)) - The Crown asserted that based upon the number of charges which had recently been laid under the Act involving the Park, the sentencing principle of general deterrence demanded a significant increase in the penalties normally imposed for breaches of the Act - The Newfoundland and Labrador Provincial Court rejected the assertion - The data pool was too small and isolated in time to reach such a broad conclusion - Recognition of the prevalence of a certain crime in the context of sentence must never result in the imposition of a disproportionate sentence - See paragraph 50.

Criminal Law - Topic 5836

Sentencing - Considerations on imposing sentence - Deterrence - Prevalence of similar crime - [See Criminal Law - Topic 5801.1 ].

Crown - Topic 6875.2

Crown lands - National and provincial parks - Sentencing - Each of the five accused pleaded guilty to the Canada National Park Act offence of either operating an "over-snow vehicle" in Gros Morne National Park without the written permission of the Superintendent of the Park (National Parks Highway Traffic Regulations, s. 41(1)(a)) or operating an "over-snow vehicle" in a portion of the Park where such operation was prohibited (Regulations, s. 41(1)(c)) - Each accused operated a snowmobile in a prohibited area - Each apologized and expressed remorse - Each indicated that their passing over the Park's boundary was unintentional - One accused was receiving Employment Insurance and had no children - The others were employed and each had two children - None had any prior convictions, but one had been served with a warning in 2011 for operating a vehicle in the Park without a permit - The Newfoundland and Labrador Provincial Court sentenced each accused to a $600 fine and 25 hours of volunteer work within the Park - Based upon the lack of prior convictions and the accused's individual antecedents, a prohibition from using a snow-machine in the Park was not appropriate - See paragraphs 51 to 57.

Motor Vehicles - Topic 2231

Regulation of vehicles and traffic - Snow vehicles and all terrain vehicles - Penalties - Fines - [See Crown - Topic 6875.2 ].

Cases Noticed:

R. v. Keyler (J.W.), [2015] B.C.A.C. Uned. 9; 2015 BCCA 48, refd to. [para. 1].

R. v. Dick (K.D.) (2015), 319 Man.R.(2d) 53; 638 W.A.C. 53; 2015 MBCA 47, refd to. [para. 15].

R. v. Webber (C.G.), [2013] A.R. Uned. 125; 2013 ABCA 189, refd to. [para. 21].

R. v. Knott (D.W.) (2012), 433 N.R. 38; 324 B.C.A.C. 1; 551 W.A.C. 1; 2012 SCC 42, refd to. [para. 21].

R. v. Berner (C.-A.) (2013), 337 B.C.A.C. 146; 576 W.A.C. 146; 2013 BCCA 188, refd to. [para. 22].

R. v. Payne (E.) (2011), 316 Nfld. & P.E.I.R. 41; 982 A.P.R. 41 (N.L. Prov. Ct.), refd to. [para. 34].

R. v. Fargo (A.M.C.) (2015), 372 B.C.A.C. 47; 640 W.A.C. 47; 2015 BCCA 187, refd to. [para. 36].

R. v. Sahota (C.), [2015] O.A.C. Uned. 294; 2015 ONCA 336, refd to. [para. 36].

R. v. Cluney (N.) (2013), 338 Nfld. & P.E.I.R. 57; 1049 A.P.R. 57; 2013 NLCA 46, refd to. [para. 37].

R. v. Briand (R.) et al. (2010), 302 Nfld. & P.E.I.R. 67; 938 A.P.R. 67; 2010 NLCA 67, refd to. [para. 38].

R. v. Decker (J.) (2013), 341 Nfld. & P.E.I.R. 38; 1061 A.P.R. 38 (N.L. Prov. Ct.), refd to. [para. 41].

R. v. Strowbridge (D.J.) (2014), 346 Nfld. & P.E.I.R. 203; 1078 A.P.R. 203; 2014 NLCA 4, refd to. [para. 46].

R. v. McNeil (S.J.) (2013), 340 Nfld. & P.E.I.R. 42; 1057 A.P.R. 42; 2013 NLCA 52, refd to. [para. 49].

R. v. J.B. (2013), 341 Nfld. & P.E.I.R. 329; 1061 A.P.R. 329; 2013 NLCA 61, refd to. [para. 51].

R. v. Lambe (A.A.) and Moulton (W.L.) (2000), 188 Nfld. & P.E.I.R. 27; 569 A.P.R. 27; 2000 NFCA 23, refd to. [para. 52].

Director of Public Prosecutions v. Flanagan, [2015] IECA 94, refd to. [para. 53].

R. v. Terry (R.) (2015), 365 Nfld. & P.E.I.R. 341; 1138 A.P.R. 341; 2015 NLCA 23, refd to. [para. 54].

Counsel:

A. May and M. Mills, for Her Majesty the Queen;

Each accused appeared on their own behalf.

This matter was heard at Rocky Harbour, N.L., on May 12, 2015, by Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on May 26, 2015.