R. v. Hébert (No. 1), (1991) 107 N.S.R.(2d) 207 (ProvCt)

• Judge: Batiot, J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: October 10, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 107 N.S.R.(2d) 207 (ProvCt)

R. v. Hébert (1991), 107 N.S.R.(2d) 207 (ProvCt);

  290 A.P.R. 207

MLB headnote and full text

Sa Majesté la Reine (poursuivante) c. Jean-Marc Hébert (accusé)

(No. 213762)

Indexed As: R. v. Hébert (No. 1)

Nova Scotia Provincial Court

Batiot, J.

October 10, 1991.

Summary:

Hébert was charged with fishing for groundfish in a zone unauthorised by his permit.

The Nova Scotia Provincial Court acquitted him.

Evidence - Topic 3785

Documentary evidence - Public documents - Photographs, movies, videotapes, etc. - Computer printouts - Hébert was charged with fishing for groundfish in a zone unauthorised by his permit - The evidence against him included, among others, a printout made by a computerized system of aerial surveillance that purportedly located and recorded the exact location of his fishing vessel - The Crown, however, did not produce a witness to testify on the reliability of the system - Absent such evidence, the Nova Scotia Provincial Court found itself with a reasonable doubt as to the exact location of Hébert's fishing vessel - Hébert was acquitted.

Cases Noticed:

R. v. Creemar, [1968] 1 C.C.C. 14 (N.S.C.A.), refd to. [para. 7].

R. v. Sunila and Soleyman (1986), 73 N.S.R.(2d) 308; 176 A.P.R. 308 (C.C.), refd to. [para. 8].

Ares v. Venner (1970), 14 D.L.R.(3d) 4 (S.C.C.), refd to. [para. 8].

R. v. Gratt (1982), 45 N.R. 451 (S.C.C.), refd to. [para. 10].

R. v. Preeper (1888), 15 S.C.R. 401 (S.C.C.), refd to. [para. 10].

R. v. Chow (1991), 118 A.R. 64; 65 C.C.C.(3d) 162 (Q.B.), consd. [para. 11].

Statutes Noticed:

Canada Evidence Act, R.S.C. 1985, c. C-5, sect. 26(1), sect. 30(10)(a)(ii) [para. 8].

Counsel:

Mr. MacMillan, for the Crown;

Mr. LeBlanc, for the accused.

This case was heard on June 19, 1991, at Chéticamp, N.S., before Batiot, J., of the Nova Scotia Provincial Court.

On October 10, 1991, Batiot, J., delivered the following decision.