R. v. Hodder, (1983) 45 Nfld. & P.E.I.R. 90 (NFPC)

• Judge: Woodrow, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: April 11, 1983
• Jurisdiction: Newfoundland and Labrador
• Citations: (1983), 45 Nfld. & P.E.I.R. 90 (NFPC)

R. v. Hodder (1983), 45 Nfld. & P.E.I.R. 90 (NFPC);

    132 A.P.R. 90

MLB headnote and full text

R. v. Hodder

(1982 No. 01854/5)

Indexed As: R. v. Hodder

Newfoundland Provincial Court

Woodrow, P.C.J.

April 11, 1983.

Summary:

The accused was charged with two counts of violating s. 121 of the Unemployment Insurance Act 1971. The accused moved for dismissal of the charge for want of prosecution.

The Newfoundland Provincial Court granted the motion, because an investigation and control officer with the Unemployment Insurance Commission had no standing in court to prosecute the charges.

Trials - Topic 266

Prosecution - General - Persons who may conduct prosecutions - The Newfoundland Provincial Court held that an investigation and control officer with the Unemployment Insurance Commission had no standing to prosecute a summary conviction offence under s. 121 of the Unemployment Insurance Act 1971 - The court held that summary conviction offences under the Act may only be prosecuted by the informant (his counsel or agent) or the Attorney General of Canada (his counsel or agent) - See paragraphs 3 to 5.

Words and Phrases

Prosecutor - The Newfoundland Provincial Court discussed the meaning of the word "prosecutor" as found in s. 720(1) of the Criminal Code of Canada, R.S.C. 1970 - See paragraphs 3 to 5.

Statutes Noticed:

Unemployment Insurance Act, S.C. 1970-71-72, c. 48, sect. 121 [paras. 1 to 2].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 27(2) [para. 2].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 720(1) [para. 3].

Counsel:

Bruce Matthews, for the Unemployment Insurance Commission;

A. Bonnell, for the accused.

This motion was heard before Woodrow, P.C.J., of the Newfoundland Provincial Court, at Gander, Newfoundland, whose decision was delivered on April 11, 1983.