R. v. Edwards and Verhaeghe, (1977) 2 A.R. 359 (CA)

• Judge: McGillivray, C.J., McDermid and Morrow, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: February 02, 1977
• Citations: (1977), 2 A.R. 359 (CA)

R. v. Edwards (1977), 2 A.R. 359 (CA)

MLB headnote and full text

R. v. Edwards and Verhaeghe

Indexed As: R. v. Edwards and Verhaeghe

Alberta Supreme Court

Appellate Division

McGillivray, C.J., McDermid and Morrow, JJ.A.

February 2, 1977.

Summary:

This case arose out of charges against the accused that they unlawfully hunted a male mountain sheep over the age of one year with horns smaller that 4/5 curl contrary to s. 24(1) of the Game Hunting Regulations under the Wildlife Act, R.S.A. 1970, c. 391 and unlawfully had in their possession a male mountain sheep over the age of one year with horns smaller than 4/5 curl contrary to s. 16 of the Act. The provincial judge dismissed the charges against the accused on the ground, inter alia, that the Wildlife Act did not authorize the absolute prohibition of the hunting or possession of a male mountain sheep over the age of one year with horns smaller than 4/5 curl. The Crown appealed.

The Alberta Court of Appeal allowed the appeal. The Court of Appeal held that s. 24(1) of the Regulations was within the authority provided under s. 11(20) of the Wildlife Act. The Court of Appeal convicted the accused.

Statutes - Topic 5367

Operation - Delegated legislation - Regulations - Validity of - Whether regulations ultra vires - The Wildlife Act, R.S.A. 1970, c. 391, s. 11(20), provided authority for the Lieutenant Governor-in-Council to make regulations "for the regulation of hunting of trophy, big game and for establishing the minimum standards of trophy big game which may be hunted" - S. 24(1) of the Game Hunting Regulations, SOR 183/75, made an offence of possession of a male mountain sheep over the age of one year with horns smaller than 4/5 curl - The Alberta Court of Appeal held that s. 24(1) of the Regulations was within the authority provided under s. 11(20) of the Wildlife Act - The Court of Appeal convicted the accused, who were found in possession of a sheep with horns smaller than 4/5 curl.

Words and Phrases

Kind - The Alberta Court of Appeal discussed the meaning of the word "kind" as found in s. 2 of the Alberta Wildlife Act.

Cases Noticed:

Reference As To The Validity Of The Regulations In Relation To Chemicals et al., [1943] S.C.R. 1, appld. [para. 16].

Statutes Noticed:

Alberta Game Hunting Regulations, SOR 183/75, sect. 2(1)(1), sect. 2(1)(u) [para. 14]; 2(1)(p) [para. 12]; sect. 24(1) [para. 5].

Wildlife Act, R.S.A. 1970, c. 391, sect. 2, sect. 33 [para. 10]; sect. 11(2), sect. (11) [para. 8]; sect. 11(20) [para. 7]; sect. 16 [para. 21]; sect. 17 [para. 22]; sect. 43 [para. 9]; sect. 102 [para. 11].

Authors and Works Noticed:

Funk and Wagnall's Standard Oxford Dictionary, p. 744 [para. 17].

Shorter Oxford Dictionary (3rd Ed.), pp. 1085 [para. 17]; 2253 [para. 13].

Counsel:

J.E. Lee, for the appellant;

W.E. Wilson, for the respondent.

This case was heard before McGILLIVRAY, C.J., McDERMID and MORROW, JJ.A., of the Alberta Supreme Court, Appellate Division.

On February 2, 1977, MORROW, J.A., delivered the following judgment of the Appellate Division: