R. v. Charlebois (M.), 2004 NBPC 26

• Judge: Desjardins, J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: July 23, 2004
• Jurisdiction: New Brunswick
• Citations: 2004 NBPC 26;(2004), 280 N.B.R.(2d) 230 (PC)

R. v. Charlebois (M.) (2004), 280 N.B.R.(2d) 230 (PC);

    280 R.N.-B.(2e) 230; 734 A.P.R. 230

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2004] N.B.R.(2d) TBEd. OC.010

Her Majesty the Queen v. Mario J. Charlebois

(No. 17156701; 2004 NBPC 26)

Indexed As: R. v. Charlebois (M.)

New Brunswick Provincial Court

Desjardins, J.

July 23, 2004.

Summary:

Charlebois was charged under s. 203.1 of the Motor Vehicle Act with the offence of operating a vehicle containing waste without covering the vehicle to prevent any of the waste from dropping.

The New Brunswick Provincial Court found Charlebois not guilty.

Civil Rights - Topic 2723

Language - Court proceedings and pro­cesses - Choice of language by party - Charlebois addressed a peace officer in French and the officer gave him a ticket written in French, as he requested, in connection with an offence under the Motor Vehicle Act - However, the peace officer wrote his notes and incident report in English - These documents were part of the disclosure of the evidence - Upon appearing in court, Charlebois addressed the judge in French and pleaded not guilty in French; the judge asked him if he wanted a trial in French, to which he replied that he did - Charlebois then com­plained that, before he entered his plea, the judge should have offered him the choice between a French or English trial - He also complained that the peace officer had not offered him a choice to be served in either language and that the officer's notes and incident reports should have been prepared in French - The New Bruns­wick Provincial Court rejected these com­plaints because the intent of the Official Languages Act (New Brunswick) had been respected and nothing required officers to draft their notes and incident reports in the official language chosen by the defendant - See paragraphs 1 to 26.

Motor Vehicles - Topic 4164

Offences - Intent or mens rea - Offences of strict liability - Charlebois was driving a motor vehicle containing waste in the open bed at the rear - The load was covered with plywood secured with a rope - During the trip, Charlebois noticed that a piece of wood was about to drop - He stopped his vehicle in a safe place but the piece of wood had already fallen - Charlebois was recovering it when a peace officer arrived - Charlebois was charged with operating a vehicle containing waste without covering the vehicle to prevent any of the waste from dropping, contrary to s. 203.1 of the Motor Vehicle Act - Charlebois explained that the plywood was intended to prevent the waste from dropping, that he ensured that the load was appropriately covered, that the road conditions had caused the piece of wood to fall out and that he had undertaken to remedy the situation as soon as possible - The New Brunswick Provin­cial Court held that this was a strict lia­bility offence and that Charlebois had exercised due diligence - Charlebois was acquitted - See paragraphs 26 to 30.

Cases Noticed:

Charlebois v. Saint John (City) (2004), 275 N.B.R.(2d) 203; 722 A.P.R. 203; 2004 NBCA 49, consd. [para. 6].

Chiasson v. Chiasson (1999), 222 N.B.R.(2d) 233; 570 A.P.R. 233 (C.A.), consd. [para. 10].

R. v. Butler (S.) (1997), 255 N.B.R.(2d) 289; 668 A.P.R. 289 (T.D.), consd. [para. 16].

R. v. Simard (H.) (1995), 87 O.A.C. 114; 105 C.C.C.(3d) 461 (C.A.), refd to. [para. 18].

Chaussure Brown's Inc. et al. v. Québec (Procureur général), [1988] 2 S.C.R. 712; 90 N.R. 84; 19 Q.A.C. 69, refd to. [para. 18].

R. v. Carosella (N.), [1997] 1 S.C.R. 80; 207 N.R. 321; 98 O.A.C. 81, consd. [para. 23].

R. v. Sault Ste. Marie (City), [1978] 2 S.C.R. 1299; 21 N.R. 295, refd to. [para. 26].

Statutes Noticed:

Official Languages Act, S.N.B. 2002, c. O-0.5, sect. 17 [para. 19]; sect. 20(1) [para. 8]; sect. 22 [para. 19]; sect. 31(1) [para. 13].

Counsel:

Annie St. Jacques and Nicole Poirier, Crown prosecutors;

Mario J. Charlebois, represented himself.

This case was heard on January 22 and April 30, 2004, by Desjardins, J., of the New Brunswick Provincial Court.

Desjardins, J., delivered the following decision on July 23, 2004.