R. v. Bourgoin (G.C.), (1984) 53 N.B.R.(2d) 352 (PC)

• Judge: Dumas, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: January 13, 1984
• Jurisdiction: New Brunswick
• Citations: (1984), 53 N.B.R.(2d) 352 (PC)

R. v. Bourgoin (G.C.) (1984), 53 N.B.R.(2d) 352 (PC);

    53 R.N.-B.(2e) 352; 138 A.P.R. 352

MLB headnote and full text

Sommaire et texte intégral

R. v. Bourgoin

Indexed As: R. v. Bourgoin (G.C.)

Répertorié: R. v. Bourgoin (G.C.)

New Brunswick Provincial Court

Dumas, P.C.J.

January 13, 1984.

Summary:

Résumé:

The accused, a licenced guide, was charged with illegally angling salmon by means of bait on Crown reserve waters contrary to s. 21(1) of the Fish and Wildlife Regulations, and with angling simultaneously with a person whom he was accompanying as a guide contrary to s. 22(3) of the Regulations.

The New Brunswick Provincial Court convicted the accused of the second offence (s. 22(3) of the Regulations). The Provincial Court acquitted the accused of the first offence (s. 21(1) of the Regulations). The court held that s. 107 of the Fish and Wildlife Act, upon which the Crown relied to prove its case, contravened the accused's right to be presumed innocent until proven guilty according to law as guaranteed in s. 11(d) of the Canadian Charter of Rights and Freedoms. The Provincial Court held that s. 107 was arbitrary, unreasonable and constitutionally invalid.

Civil Rights - Topic 4945

Presumption of innocence - Evidence and proof - Reverse onus provisions - Under s. 107 of the Fish and Wildlife Act any person over age 15 who accompanied another person at the time the other person committed an offence under the Act was a party to the offence, unless the person proved on a balance of probabilities that his companion's offence was committed without his knowledge and consent - The New Brunswick Provincial Court held that s. 107 contravened an accused's right to be presumed innocent in s. 11(d) of the Canadian Charter of Rights and Freedoms - The court held that s. 107 was arbitrary, unreasonable and constitutionally invalid - See paragraphs 18 to 21.

Cases Noticed:

R. v. St. Pierre and Thibault (1983), 45 N.B.R.(2d) 435; 118 A.P.R. 435 (N.B. Prov. Ct.), consd. [para. 12].

R. v. Oakes (1983), 2 C.C.C.(3d) 339 (Ont. C.A.), consd. [para. 12].

R. v. O'Day (1983), 46 N.B.R.(2d) 77; 121 A.P.R. 77 (N.B.C.A.), consd. [para. 12].

Statutes Noticed:

Fish and Wildlife Act, S.N.B. 1980, F-14.1, sect. 107 [para. 9].

Fish and Wildlife Regulations, Reg. 82103, sect. 21(1) [paras. 10, 12, 14-15, 18-21]; sect. 22(3) [paras. 3-7].

Counsel:

[None disclosed.]

These charges were heard before Dumas, P.C.J., of the New Brunswick Provincial Court, whose decision was delivered at Campbellton, New Brunswick, on January 13, 1984.