R. v. McDougall and Brideau, (1980) 33 N.B.R.(2d) 393 (PC)

• Judge: Tomlinson, J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: October 30, 1980
• Jurisdiction: New Brunswick
• Citations: (1980), 33 N.B.R.(2d) 393 (PC)

R. v. McDougall (1980), 33 N.B.R.(2d) 393 (PC);

    33 R.N.-B.(2e) 393; 80 A.P.R. 393

MLB headnote and full text

Sommaire et texte intégral

R. v. McDougall and Brideau

Indexed As: R. v. McDougall and Brideau

Répertorié: R. v. McDougall and Brideau

New Brunswick Provincial Court

Tomlinson, J.

October 30, 1980.

Summary:

Résumé:

The accused were charged with jigging in non-tidal waters, contrary to s. 7(3)(a) of the New Brunswick Fisheries Regulations under the Fisheries Act. At the close of the Crown's case, defence counsel made a motion for dismissal.

The New Brunswick Provincial Court granted the motion. The court held that because there was no proof that the offence occurred at a location within the Province of New Brunswick and that the waters were non-tidal, there were valid grounds for dismissal, the Crown having failed to establish the essential elements of a prima facie case.

Fish and Game - Topic 2164

Fishing offences - Particular offences - Jigging - The New Brunswick Provincial Court discussed the 5 constituent elements to the offence of jigging in non-tidal waters under s. 7(3)(a) of the New Brunswick Fisheries Regulations under the Fisheries Act, R.S.C. 1970, c. F-14 - See paragraphs 1 to 4, 7 to 12.

Evidence - Topic 2211

Special modes of proof - Judicial notice - General - Document, production of, to court - The New Brunswick Provincial Court held that, while it is true that for some provincial offences and offences under provincial statutes it is necessary to prove the regulations, it is not so with respect to federally enacted regulations - The court held that by virtue of s. 23(1) of the Statutory Instruments Act, S.C. 1970-71-72, c. 38, the court must take judicial notice of federal regulations and it is not necessary to prove the New Brunswick Fishing Regulations - See paragraphs 5 and 6.

Evidence - Topic 2263

Special modes of proof - Judicial notice - Particular matters - Tidal waters - The New Brunswick Provincial Court held that it could not take judicial notice that waters are non-tidal - See paragraph 9.

Cases Noticed:

R. v. Steam Tanker "Eugenia Chandris" (1976), 27 C.C.C.(2d) 241; 8 N.R. 338, refd to. [para. 6].

Statutes Noticed:

Fisheries Act, R.S.C. 1970, c. F-14.

Statutory Instruments Act, S.C. 1970-71-72, c. 38, sect. 23(1) [para. 6].

Counsel:

[None disclosed.]

This case was heard before TOMLINSON, J., of the New Brunswick Provincial Court.

The oral judgment of TOMLINSON, J., was delivered at Perth-Andover, N.B., on October 30, 1980.