R. v. NBIP Forest Products Inc., (1994) 146 N.B.R.(2d) 276 (TD)

• Judge: Larlee, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 05, 1994
• Jurisdiction: New Brunswick
• Citations: (1994), 146 N.B.R.(2d) 276 (TD)

R. v. NBIP Forest Products Inc. (1994), 146 N.B.R.(2d) 276 (TD);

    146 R.N.-B.(2e) 276; 374 A.P.R. 276

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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NBIP Forest Products Inc. (appellant) v. Her Majesty The Queen (respondent)

(C/CA/1/94)

Indexed As: R. v. NBIP Forest Products Inc.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Campbellton

Larlee, J.

April 5, 1994.

Summary:

An accused corporation was charged under the New Brunswick Clean Water Act with a summary conviction offence. The corpo­ration moved for an order requiring the Crown to disclose all documents in the files of various government departments which pertained to the information laid.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the motion.

Trials - Topic 1005

Summary convictions - Duty to disclose evidence prior to trial - An accused cor­poration was charged under the New Brunswick Clean Water Act with a sum­mary conviction offence - The corporation moved for an order requiring the Crown to disclose all documents in files of various government departments which pertained to the information - The Crown argued that the disclosure principles did not apply to a summary conviction offence - The New Brunswick Court of Queen's Bench, Trial Division, allowed the motion, stating that the disclosure principles applied where there was "an abnormal penalty for a summary conviction offence".

Cases Noticed:

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161; 68 C.C.C.(3d) 1, consd. [para. 5].

R. v. Tingley (R.F.) (1992), 143 N.B.R.(2d) 81; 366 A.P.R. 81 (Prov. Ct.), consd. [para. 7].

Statutes Noticed:

Clean Water Act, S.N.B. 1989, c. C-6.1, sect. 25(1) [para. 1]; sect. 25(1)(b) [para. 3].

Clean Water Act, Clean Water Act Regu­lations, generally [para. 2].

Authors and Works Noticed:

Ferguson, Gerry, Judicial Reform of Crown Disclosure, 8 C.R.(4th) 295, generally [para. 8].

Counsel:

Catherine A. Lahey, for the appellant;

D. Bennett MacDonald, for the respondent.

This matter was heard before Larlee, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Campbellton, who delivered judgment on April 5, 1994, which was filed on April 7, 1994.