R. v. B., (1983) 50 A.R. 205 (PC)
|Court:||Provincial Court (Alberta)|
|Case Date:||November 01, 1983|
|Citations:||(1983), 50 A.R. 205 (PC)|
R. v. B. (1983), 50 A.R. 205 (PC)
MLB headnote and full text
R. v. B.
(No. J 23115)
Indexed As: R. v. B.
Alberta Provincial Court
November 1, 1983.
A student was charged with trespassing on school board property contrary to s. 182(c) of the School Act. The student was found scuffling with another youth in the hall of a high school other than his own. The accused moved for a nonsuit on the grounds of lack of evidence that the accused was a trespasser and that the accused was on property owned by the school board. The Alberta Provincial Court dismissed the motion and held that the accused was a trespasser.
Education - Topic 2905
Schools - Offences - Trespass - A student was charged with trespassing on school board property contrary to s. 182(c) of the School Act - The student was found in a high school other than his own - The Alberta Provincial Court held that proof of the ownership of the school in a particular school board was not an element of the charge - See paragraph 11.
Education - Topic 2905
Schools - Offences - Trespass - A student was charged with trespassing on school board property contrary to s. 182(c) of the School Act - The student was found scuffling in the hall of another high school, and fled at the first opportunity - "Trespass" was not defined in the Act, so the common law definition was considered - The Alberta Provincial Court held that absent an invitation to enter or a prohibition against entry, the purpose of an accused or his activity there, decided whether an accused was a trespasser - The court inferred a guilty purpose from the student's conduct and held that he was a trespasser - See paragraphs 14 to 18.
Evidence - Topic 2247
Special modes of proof - Judicial notice - Particular matters - Public institutions, facilities of - Ownership of schools - The Alberta Provincial Court held that it could take judicial notice that it was common knowledge that the Lord Beaverbrook High School in Calgary, Alberta, was owned by a school board and not privately - See paragraphs 9 to 12.
R. v. Burko,  3 C.C.C. 72 (Ont. M.C.), consd. [para. 9].
R. v. Gingrich (1958), 122 C.C.C. 279 (A.C.A.), appld. [para. 13].
Hickman v. Maisey,  1 Q.B. 752, consd. [para. 16].
School Act, R.S.A. 1980, c. S-3, sect. 182(c) [paras. 7 to 8, 11].
Authors and Works Noticed:
Di Castri on Occupier's Liability, p. 123 [para. 15].
M. Bradshaw, for the Crown;
A.G. Park, for the juvenile.
This motion was heard before Fitch, P.C.J., of the Alberta Provincial Court, whose decision was delivered on November 1, 1983, at Calgary, Alberta.
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