R. v. B., (1983) 50 A.R. 205 (PC)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• 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

Fitch, P.C.J.

November 1, 1983.

Summary:

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.

Cases Noticed:

R. v. Burko, [1969] 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, [1900] 1 Q.B. 752, consd. [para. 16].

Statutes Noticed:

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].

Counsel:

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.