R. v. Lace, (1981) 45 N.S.R.(2d) 466 (ProvCt)

• Judge: Carver, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: April 01, 1981
• Jurisdiction: Nova Scotia
• Citations: (1981), 45 N.S.R.(2d) 466 (ProvCt)

R. v. Lace (1981), 45 N.S.R.(2d) 466 (ProvCt);

    86 A.P.R. 466

MLB headnote and full text

R. v. Lace

Indexed As: R. v. Lace

Nova Scotia Provincial Court

Carver, P.C.J.

April 1, 1981.

Summary:

This case arose out of a charge of possession of an unsealed weapon in a park contrary to s. 15(1) of the National Parks Game Regulations and s. 8(1) of the National Parks Act. The accused honestly believed he was not within the park limits when the park officers apprehended him and seized his rifle and ammunition.

The Nova Scotia Provincial Court convicted the accused, because he did not have reasonable grounds to form the opinion that he was not within the park limits.

Fish and Game - Topic 1700

Offences - Mens rea or intention - Offences of strict liability - The Nova Scotia Provincial Court stated that the offence of possession of an unsealed weapon in a park contrary to s. 15(1) of the National Parks Game Regulations and s. 8(1) of the National Parks Act is a strict liability offence to which the defence of reasonable care applies - See paragraphs 4 to 8.

Fish and Game - Topic 1700

Offences - Mens rea or intention - Offences of strict liability - The accused was charged with possession of an unsealed weapon in a park contrary to the National Parks Act - The accused honestly believed he was not in the park; although he saw a sign saying "Parks Canada, No Hunting" - Signs were posted every 50 feet along the park boundary - The Nova Scotia Provincial Court held that the offence was one of strict liability - The court convicted the accused, because he did not have reasonable grounds to believe he was not in the park, so the defence of reasonable care failed - See paragraphs 8 to 11.

Cases Noticed:

R. v. Chapin (1979), 26 N.R. 289; 45 C.C.C.(2d) 333, appld. [para. 5].

Statutes Noticed:

National Parks Act, R.S.C. 1970, c. N-13, sect. 8(1)(2) [para. 6].

National Parks Game Regulations, C.R.C. 1978, c. 1122, sect. 15.(1), sect. 15.(2) [para. 4].

Counsel:

David G. Cottenden, for the Crown;

Patrick Burke, for the defendant.

This case was heard by CARVER, P.C.J., of the Nova Scotia Provincial Court, who on April 1, 1981, delivered the following judgment: