R. v. Daniels (R.V.), (1999) 185 Sask.R. 289 (ProvCt)

• Judge: Goliath, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: October 20, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 185 Sask.R. 289 (ProvCt)

R. v. Daniels (R.V.) (1999), 185 Sask.R. 289 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. NO.028

In The Matter Of SOTI Ticket No. 5159829

Her Majesty the Queen v. Robert Victor Daniels

Indexed As: R. v. Daniels (R.V.)

Saskatchewan Provincial Court

Judicial Centre of Prince Albert

Goliath, P.C.J.

October 20, 1999.

Summary:

The accused was observed by police driv­ing on a dirt road. He was charged under the Highway Traffic Act with operat­ing an unregistered motor vehicle. The sole issue at trial was whether the driving occurred on a "highway".

The Saskatchewan Provincial Court held that the road in question was not a "high­way" and dismissed the charge.

Highways - Topic 14

Definitions - Public highway - [See Motor Vehicles - Topic 44 ].

Motor Vehicles - Topic 44

Definitions - Highway defined - The accused was observed by police driving on a dirt road - He was charged under the Highway Traffic Act with operating an unregistered motor vehicle - The sole issue at trial was whether the driving occurred on a "highway" - The Saskatchewan Prov­incial Court held that the road in question was not a "highway" - See paragraphs 5 to 9.

Cases Noticed:

Bailey v. Victoria (City), [1920] 1 W.W.R. 917; 60 S.C.R. 38, refd to. [para. 7].

Brown v. British Columbia, [1978] 6 W.W.R. 565 (B.C.S.C.), refd to. [para. 7].

Delgamuukw et al. v. British Columbia et al., [1993] 5 W.W.R. 97; 30 B.C.A.C. 1; 49 W.A.C. 1; 104 D.L.R.(4th) 470 (C.A.), dist. [para. 11].

R. v. Bellegarde (1989), 80 Sask.R. 269 (Q.B.), refd to. [para. 12].

Statutes Noticed:

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 2(i) [para. 2]; sect. 23(1) [para. 1].

Counsel:

T. Foley, for the Crown;

Defendant present with Fred Lacendre.

This matter was heard before Goliath, P.C.J., of the Saskatchewan Provincial Court, Judicial Centre of Prince Albert, who delivered the following decision on October 20, 1999.