R. v. Faust Transvision Ltd., [1966] N.B. Law News No. 35 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 06, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 35 (CA)

R. v. Faust Transvision Ltd., [1966] N.B. Law News No. 35 (CA)

MLB Law News

Her Majesty the Queen (appellant) v. Faust Transvision Limited (respondent)

(Archives RS43/1965)

Indexed As: R. v. Faust Transvision Ltd.

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and West, JJ.A.

May 6, 1966.

Summary:

Radio Act & Proof of Signature - Magistrate quashed information laid under Radio Act, R.S.C. 1952, Ch. 223, when prosecution unable to prove signature of the Minister of Transport on an order required by section 10 of the Radio Act. Held that the onus is placed on the Crown of proving the Minister's signature which affects jurisdiction. Held Quashing was premature as prosecution may prove the Minister's signature at any time before completion of the trial. Held that to prove signature testimony could have been received that person received order in the ordinary course and that he believed order signed by Minister of Transport. Case remitted to magistrate to proceed with trial.

Telecommunications - Topic 1525

Radio - Regulation - Offences - See paragraphs 1 to 21.

Counsel:

M.E. Harris, for the Crown;

James D. Harper, for the defendant/respondent.

This appeal was heard before Bridges, C.J.N.B, Ritchie and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division. Ritchie, J.A., delivered the following decision on May 6, 1966.