R. v. Paul (J.P.) et al.,

• Jurisdiction: Nova Scotia
• Judge: Batiot
• Neutral Citation: 2001 NSPC 1
• Court: Provincial Court of Nova Scotia (Canada)
• Date: 22 January 2001
• Citation: 2001 NSPC 1,(2001), 190 N.S.R.(2d) 379 (ProvCt),190 NSR(2d) 379,(2001), 190 NSR(2d) 379 (ProvCt),190 N.S.R.(2d) 379

R. v. Paul (J.P.) (2001), 190 N.S.R.(2d) 379 (ProvCt);

 594 A.P.R. 379

MLB headnote and full text

Temp. Cite: [2001] N.S.R.(2d) TBEd. FE.012

Her Majesty The Queen v. John Peter Paul et al.

(Case No. 992083; 2001 NSPC 1)

Indexed As: R. v. Paul (J.P.) et al.

Nova Scotia Provincial Court

Batiot, C.J.P.C.

January 22, 2001.

Summary:

Fisheries officers seized one or more vessels and their attendant gear and arrested the accused for offences under the Fisheries Act. The accused applied for the return of the seized items on the ground that the Crown had failed to apply for an order for continued detention.

The Nova Scotia Provincial Court dis­missed the application. Where proceedings were instituted within ninety days of the seizure, the accused's remedy for the return of the seized property was to arrange securi­ty acceptable to the Minister and apply for a court order.

Fish and Game - Topic 2966

Offences - Return of goods seized - When right of return arises - Fisheries officers seized one or more vessels and their at­tendant gear and arrested the accused for offences under the Fisheries Act - The accused applied for the return of the seized items on the ground that the Crown had failed to apply for an order for continued detention - The Crown submitted that the retention was lawful, where proceedings had been initiated within ninety days of the seizure - The Nova Scotia Provincial Court held that the detention was lawful - The accused's remedy was, pursuant to s. 71(2) of the Act, to arrange security acceptable to the Minister and apply for a court order.

Cases Noticed:

Longmire v. Canada (1993), 69 F.T.R. 1 (T.D.), refd to. [para. 14].

R. v. MacMillan Bloedel Ltd., [1998] B.C.T.C. Uned. 520 (S.C.), refd to. [para. 17].

Statutes Noticed:

Fisheries Act, R.S.C. 1985, c. F-14, sect. 50, sect. 51 [para. 5]; sect. 71 [para. 6]; sect. 72(4) [para. 7].

Authors and Works Noticed:

Driedger, Elmer A., The Construction of Statutes (3rd Ed.), p. 7 [para. 12].

Counsel:

Lori-ann Veniotte, for the Crown;

Douglas Brown, for the defendants.

This application was heard at Annapolis Royal, Nova Scotia, before Batiot, C.J.P.C., of the Nova Scotia Provincial Court, who delivered the following judgment on January 22, 2001.