R. v. Ivany (I.), (1990) 83 Nfld. & P.E.I.R. 139 (NFPC)

• Judge: LeBlanc, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: March 26, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 83 Nfld. & P.E.I.R. 139 (NFPC)

R. v. Ivany (I.) (1990), 83 Nfld. & P.E.I.R. 139 (NFPC);

    260 A.P.R. 139

MLB headnote and full text

Her Majesty the Queen v. Irving Ivany (defendant)

Indexed As: R. v. Ivany (I.)

Newfoundland Provincial Court

District of Menihek

LeBlanc, P.C.J.

March 26, 1990.

Summary:

The accused was charged with breaching the Wild Life Act Regulations by transporting caribou carcasses to a camp before tagging them. The accused submitted that a Crown Lands Officer had told him that in case of inclement weather, a hunter could move the carcass to a sheltered spot before tagging. The accused claimed that the officer had placed no limitation on the distance of the move.

The Newfoundland Provincial Court allowed the defence of officially induced error of law and acquitted the accused.

Criminal Law - Topic 212

General principles - Common law defences - Officially induced error of law - The accused was charged with breaching s. 28(6) of the Wild Life Act Regulations - Section 28 stated that a big game animal carcass must be tagged at the time of the kill and within a 10 metre radius of the kill site - The accused moved a number of untagged caribou carcasses by snowmobile to a camp 12 miles from the kill site - The accused submitted that he was informed by a Crown Lands Officer that a carcass could be moved before tagging if such movement was necessitated by weather - The Newfoundland Provincial Court acquitted the accused.

Criminal Law - Topic 212

General principles - Common law defences - Officially induced error of law - The Newfoundland Provincial Court observed that the elements of the defence of officially induced error of law included: the accused must be reasonably mistaken as to the law after making an inquiry; the erroneous advice must have come from an official working in the field; the advice must have been reasonable; the accused must have been innocently misled; the accused must have been acting in good faith and taking reasonable care when seeking the advice - See paragraph 13 to 18.

Fish and Game - Topic 2411

Hunting offences - Tagging animals after killing - General - Defences - Officially induced error of law - [See first Criminal Law - Topic 212].

Cases Noticed:

R. v. MacLean (1974), 27 C.R.N.S. 31 (N.S.C.C.), refd to. [para. 13].

R. v. Fleming (1980), 43 N.S.R.(2d) 249; 81 A.P.R. 249, refd to. [para. 14].

R. v. MacDougall, [1982] 2 S.C.R. 605; 44 N.R. 560; 54 N.S.R.(2d) 562; 112 A.P.R. 562; 1 C.C.C.(3d) 65; 18 M.V.R. 180; 142 D.L.R.(3d) 216; 31 C.R.(3d) 1, refd to. [para. 15].

R. v. Cancoil Thermal Corporation and Parkinson (1986), 14 O.A.C. 225; 52 C.R.(3d) 188, folld. [para. 16].

R. v. Robertson (1985), 30 M.V.R. 248, refd to. [para. 18].

Statutes Noticed:

Wild Life Act Regulations (Nfld.), sect. 28(6), sect. 28(7), sect. 28(16) [para. 11].

Counsel:

E. Hearn, for the Crown;

G. Gushue, for the defence.

This matter was heard before LeBlanc, P.C.J., of the Newfoundland Provincial Court, who delivered the following judgment on March 26, 1990: