R. v. A.J., [2001] N.B.R.(2d) (Supp.) No. 6 (TD)

• Judge: Clendening, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 11, 2000
• Jurisdiction: New Brunswick
• Citations: [2001] N.B.R.(2d) (Supp.) No. 6 (TD)

R. v. A.J., [2001] N.B.R.(2d) (Supp.) No. 6 (TD)

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Temp. Cite: [2001] N.B.R.(2d) (Supp.) TBEd. FE.039

Renvoi temp.: [2001] N.B.R.(2d) (Supp.) TBEd. FE.039

A.J. v. Her Majesty The Queen

(W/CM/34/00)

A.J. v. Her Majesty The Queen

(W/CM/35/00)

Indexed As: R. v. A.J.

Répertorié: R. v. A.J.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Woodstock

Clendening, J.

February 1, 2001.

Summary:

Résumé:

The accused (father and son) appealed their convictions for hunting with the assist­ance of a light (Fish and Wildlife Act, s. 33(1)(b)).

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal.

Fish and Game - Topic 2409

Hunting offences - With a light - Evi­dence and proof - The accused (father and son) appealed their convictions for hunting with the assistance of a light (Fish and Wildlife Act, s. 33(1)(b)) - Section 109 provided that the use of a light capable of attracting wildlife in a place where hunting occurs was prima facie proof of hunting (s. 109 was previously ruled not to violate s. 11(d) of the Charter) - Witnesses saw the accused shining a high intensity light from their truck into the surroundings - Forest rangers responded and seized the light, a scope, binoculars and a box of bullets - No firearm was present in the vehicle - The accused alleged they were only trying out the light - The trial judge disbelieved their story - The New Brunswick Court of Queen's Bench, Trial Division, affirmed the convictions.

Chasse et pêches - Cote 2409

Infractions de chasse - Avec une lampe - Preuve - [Voir Fish and Game - Topic 2409 ].

Cases Noticed:

R. v. Thorne and Marks (1985), 64 N.B.R.(2d) 29; 165 A.P.R. 29 (T.D.), refd to. [para. 6].

Statutes Noticed:

Fish and Wildlife Act, R.S.N.B. 1973, c. F-14.1, sect. 109 [para. 6].

Counsel:

Mark C. Johnson, for the appellants;

Jeffrey L. Mockler, for the respondent.

This appeal was heard on December 11, 2000, and January 2, 2001, before Clenden­ing, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Woodstock, who delivered the following judgment on February 1, 2001.