R. v. McNab (L.S.J.), 2014 SKPC 180

JudgePlemel, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateOctober 28, 2014
JurisdictionSaskatchewan
Citations2014 SKPC 180;(2014), 459 Sask.R. 303 (PC)

R. v. McNab (L.S.J.) (2014), 459 Sask.R. 303 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. NO.005

Her Majesty the Queen v. Lloyd Samuel Justin McNab

(Information No. 24542281; 2014 SKPC 180)

Indexed As: R. v. McNab (L.S.J.)

Saskatchewan Provincial Court

Plemel, P.C.J.

October 28, 2014.

Summary:

The accused was charged with driving while disqualified, contrary to s. 259(4) of the Criminal Code. He argued that he should be acquitted because the location where he was driving was not a "street, road, highway or other public place" as those words were used in s. 259(1).

The Saskatchewan Provincial Court found the accused guilty.

Criminal Law - Topic 10.1

General principles - General and definitions - Highway defined - [See Criminal Law - Topic 1390.1 ].

Criminal Law - Topic 1390.1

Motor vehicles - Driving while disqualified - Public place - Defined - McNab was charged with driving while disqualified after he was found driving on Pratt Road, which was located on Gordon's First Nation - One end of Pratt Road turned into a municipal road upon leaving the First Nation, which eventually intersected with a highway - The other end intersected with a major grid road - McNab argued that he should be acquitted because the Pratt Road was not a "street, road, highway or other public place" as those words were used in s. 259(1) of the Criminal Code - The Saskatchewan Provincial Court found McNab guilty - Although Pratt Road was built and maintained by the band primarily for band members, and was used for the most part by band members, it was open to and frequently used by members of the general public, including persons who were not residents or service providers of the First Nation - Pratt Road was used by people going to or from the grid road for business or other purposes, both on and off the First Nation - Accordingly, Pratt Road was a street, road or highway within the meaning of s. 259(1), and McNab required a valid licence to drive there.

Highways - Topic 14

General and definitions - Definitions - Public highway or road - [See Criminal Law - Topic 1390.1 ].

Indians, Inuit and Métis - Topic 5509

Lands - Reserves or Metis lands - Status of roads - [See Criminal Law - Topic 1390.1 ].

Motor Vehicles - Topic 44

General and definitions - Definitions - Highway defined - [See Criminal Law - Topic 1390.1 ].

Cases Noticed:

R. v. Johns (No. 2), [1963] 45 W.W.R. 65; 41 C.R. 380 (Sask. Dist. Ct.), refd to. [para. 14].

R. v. Bigeagle, [1978] 6 W.W.R. 65; 43 C.C.C.(2d) 528 (Sask. C.A.), refd to. [para. 14].

R. v. Gordon, [1984] 6 W.W.R. 285; 35 Sask.R. 269 (Q.B.), refd to. [para. 14].

R. v. Thunderchild (J.E.) (1995), 136 Sask.R. 295 (Q.B.), folld. [para. 14].

R. v. Bigstone (R.D.) (2003), 242 Sask.R. 254; 2003 SKPC 185, refd to. [para. 14].

R. v. Fiddler (J.A.) (2004), 247 Sask.R. 47; 2004 SKQB 113, folld. [para. 14].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 259(1) [para. 1].

Counsel:

Ryan Snyder, for the Crown;

David Andrews, Q.C., for the accused.

This matter was heard at Punnichy, Saskatchewan, before Plemel, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on October 28, 2014.

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