R. v. Gemtec Ltd.,

JurisdictionNew Brunswick
JudgeRideout, J.
Neutral Citation2006 NBQB 439
CourtCourt of Queen's Bench of New Brunswick (Canada)
Citation(2006), 313 N.B.R.(2d) 296 (TD),2006 NBQB 439
Date19 December 2006

R. v. Gemtec Ltd. (2006), 313 N.B.R.(2d) 296 (TD);

    313 R.N.-B.(2e) 296; 809 A.P.R. 296

MLB headnote and full text

[French language version follows English language version]

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

.........................

Temp. Cite: [2007] N.B.R.(2d) TBEd. JA.012

Gemtec Limited and Robert G. Lutes (appellants) v. Her Majesty the Queen (respondent)

(M/A/03/06; 2006 NBQB 439)

Indexed As: R. v. Gemtec Ltd. et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Rideout, J.

December 28, 2006.

Summary:

Gemtec Ltd. and Lutes were charged with summary conviction offences under the Fisheries Act. At the conclusion of the Crown's case, they made a motion for non-suit. They argued that, as the Minister of Fisheries and Oceans knew about the subject matter of the proceedings for more than two years before the charges were laid, the proceeding was contrary to s. 82 of the Act. The Crown moved to re-open their case to introduce a Minister's certificate under s. 82(2), indicating the date when the Minister became aware of the subject matter of the proceedings.

The New Brunswick Provincial Court, in a decision not reported in this series of reports, dismissed the Crown's motion and granted the motion for non-suit. The Crown appealed.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 281 N.B.R.(2d) 311; 736 A.P.R. 311, allowed the appeal and ordered a new trial.

The New Brunswick Provincial Court, in a decision not reported in this series of reports, convicted Gemtec Ltd. and Lutes. They appealed. Petitcodiac Riverkeeper applied for leave to intervene in the appeal.

The New Brunswick Court of Queen's Bench, Trial Division, denied the application.

Editor's Note: for a related case involving these parties see [2005] N.B.R.(2d) Uned. 67 (C.A.).

Practice - Topic 681

Parties - Adding or substituting parties - Intervenors - Persons who may apply - The appellants appealed their convictions for depositing a deleterious substance (leachate) in water frequented by fish, contrary to the Fisheries Act - Petitcodiac Riverkeeper applied for leave to intervene in the appeal pursuant to rule 15.03 of the Rules of Court - It had carried out the investigation of the leachate and caused the charges to be laid - The New Brunswick Court of Queen's Bench, Trial Division, denied the application - An intervenor should have no connections to the underlying dispute and should be a disinterested non-party - Petitcodiac Riverkeeper was an adverse party - Further, the senior counsel representing the parties were more than capable of advising the court on those issues respecting which intervention was sought (i.e. statutory interpretation of s. 36(3) of the Act and s. 21 of the Criminal Code).

Practice - Topic 682

Parties - Adding or substituting parties - Intervenors - Interest in subject matter - [See Practice - Topic 681 ].

Cases Noticed:

United Brotherhood of Carpenters and Joiners of America, Local 1386 v. Bransen Construction Ltd. et al. (2002), 249 N.B.R.(2d) 93; 648 A.P.R. 93 (C.A.), refd to. [para. 14].

Morgentaler v. New Brunswick et al. [2004] N.B.R.(2d) (Supp.) No. 16 (T.D.), affd. (2005), 279 N.B.R.(2d) 115; 732 A.P.R. 115 (C.A.), refd to. [para. 15].

Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R.(2d) 164 (C.A.), refd to. [para. 16].

Childs v. Desormeaux et al. (2003), 177 O.A.C. 183; 67 O.R.(3d) 385 (C.A.), refd to. [para. 17].

Counsel:

Robert L. Kenny, on behalf of Gemtec Ltd. and Robert G. Lutes;

Paul Adams, on behalf of Her Majesty the Queen;

Lara Tessaro, on behalf of proposed intervenor.

This application was heard on December 19, 2006, before Rideout, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who released the following decision on December 28, 2006

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2 practice notes
  • Court Of Appeal Summaries (November 1-5, 2021)
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...Joiners of America, Local 1386 v. Bransen Construction, 2002 NBCA 27, 249 N.B.R. (2d) 93, Gemtec Limited & Robert G. Lutes v. The Queen, 2006 NBQB 439, Childs v. Desormeaux (2003), 67 O.R. (3d) 385, (C.A.), Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2021 ONCA ......
  • Court Of Appeal Summaries (November 1-5, 2021)
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...Joiners of America, Local 1386 v. Bransen Construction, 2002 NBCA 27, 249 N.B.R. (2d) 93, Gemtec Limited & Robert G. Lutes v. The Queen, 2006 NBQB 439, Childs v. Desormeaux (2003), 67 O.R. (3d) 385, (C.A.), Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2021 ONCA ......
2 firm's commentaries
  • Court Of Appeal Summaries (November 1-5, 2021)
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...Joiners of America, Local 1386 v. Bransen Construction, 2002 NBCA 27, 249 N.B.R. (2d) 93, Gemtec Limited & Robert G. Lutes v. The Queen, 2006 NBQB 439, Childs v. Desormeaux (2003), 67 O.R. (3d) 385, (C.A.), Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2021 ONCA ......
  • Court Of Appeal Summaries (November 1-5, 2021)
    • Canada
    • Mondaq Canada
    • November 10, 2021
    ...Joiners of America, Local 1386 v. Bransen Construction, 2002 NBCA 27, 249 N.B.R. (2d) 93, Gemtec Limited & Robert G. Lutes v. The Queen, 2006 NBQB 439, Childs v. Desormeaux (2003), 67 O.R. (3d) 385, (C.A.), Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2021 ONCA ......

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