R. v. Rhyno (V.W.), 2002 NSPC 8

• Judge: MacDougall, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: October 23, 2001
• Jurisdiction: Nova Scotia
• Citations: 2002 NSPC 8;(2002), 204 N.S.R.(2d) 156 (ProvCt)

R. v. Rhyno (V.W.) (2002), 204 N.S.R.(2d) 156 (ProvCt);

 639 A.P.R. 156

MLB headnote and full text

Temp. Cite: [2002] N.S.R.(2d) TBEd. MY.010

Her Majesty The Queen v. Victor William Rhyno

(972977; 973475; 973476; 966806; 2002 NSPC 8)

Indexed As: R. v. Rhyno (V.W.)

Nova Scotia Provincial Court

MacDougall, P.C.J.

April 9, 2002.

Summary:

Uniformed fisheries officers noted two in­dividuals leaving a fishing vessel in sus­picious circumstances. They requested an inspection of the vessel under the Fisheries Act. The accused aggressively refused and walked away. The accused refused to identi­fy himself and was arrested for obstruction. When the accused resisted, he was hand­cuffed and released only when he provided identification. Upon removal of the hand­cuffs, the accused pushed an officer and threatened to cut his throat. The accused was charged under the Fisheries Act with ob­struction of a fisheries officer and under the Criminal Code with resisting arrest, assault­ing a peace officer and uttering a threat. The accused submitted that the officers had no grounds to inspect the vessel and that he had no legal obligation to identify himself. Ac­cordingly, there was no basis for the charges.

The Nova Scotia Provincial Court found the accused guilty on all counts. Those voluntarily participating in the fishery ex­pected regulation for the preservation of a healthy resource. The Fisheries Act em­powered fisheries officers to inspect vessels involved in the fishery and the accused was obligated to assist (including identifying himself).

Criminal Law - Topic 1414

Assaults - Assault of a peace officer - [See Fish and Game - Topic 5606 ].

Criminal Law - Topic 1562

Threats - Threat - What constitutes - [See Fish and Game - Topic 5606 ].

Criminal Law - Topic 3217

Compelling appearance, detention and release - Arrest - Reasons - Identification of arrested person - [See Fish and Game -Topic 5606 ].

Fish and Game - Topic 2083

Fishing offences - Enforcement offences - Obstruction of fisheries officers or guard­ians - [See Fish and Game - Topic 5606 ].

Fish and Game - Topic 5606

Enforcement - General - Powers of fisheries officers - Uniformed fisheries officers noted two individuals leaving a fishing vessel in suspicious circumstances -They requested an inspection of the vessel under the Fisheries Act - The accused ag­gressively refused and walked away - The accused refused to identify himself and was arrested for obstruction - When the accused resisted, he was handcuffed and released only when he provided identi­fication - Upon removal of the handcuffs, the accused pushed an officer and threatened to cut his throat - The accused was charged under the Fisheries Act with obstruction of a fisheries officer and under the Criminal Code with resisting arrest, as­saulting a peace officer and uttering a threat - The accused submitted that the of­ficers had no grounds to inspect the vessel and that he had no legal obligation to identify himself - Accordingly, there was no basis for the charges - The Nova Scotia Provincial Court found the accused guilty on all counts - Persons voluntarily partici­pating in the fishery expected regula­tion for the preservation of a healthy resource -The Fisheries Act empowered fisheries of­ficers to inspect vessels involved in the fishery and the accused was obligated to assist (including identify­ing himself) - The court stated that "when the public interest in seeing the Act and Regulations enforced is balanced against the inconvenience or breach of privacy visited upon the de­fendant in identifying himself the public interest prevails".

Police - Topic 3079

Powers - Arrest and detention - Refusal to identify oneself - [See Fish and Game - Topic 5606 ].

Cases Noticed:

Rice v. Connolly, [1966] 2 All E.R. 649 (D.C.), refd to. [para. 11].

R. v. Moore (1978), 24 N.R. 181; 43 C.C.C.(2d) 83 (S.C.C.), refd to. [para. 12].

R. v. Guthrie (1982), 39 A.R. 435; 69 C.C.C.(2d) 216 (C.A.), refd to. [para. 13].

R. v. Lavin (1992), 76 C.C.C.(3d) 279 (Que. C.A.), refd to. [para. 14].

R. v. Simpson (R.) (1993), 60 O.A.C. 327; 79 C.C.C.(3d) 482 (C.A.), refd to. [para. 15].

R. v. Chute (M.) (1997), 160 N.S.R.(2d) 378; 473 A.P.R. 378 (C.A.), refd to. [para. 18].

R. v. Fitzpatrick (B.) (1995), 188 N.R. 248; 65 B.C.A.C. 1; 106 W.A.C. 1 (S.C.C.), refd to. [para. 20].

R. v. Kent (1991), 102 N.S.R.(2d) 181; 279 A.P.R. 181 (Co. Ct.), refd to. [para. 21].

R. v. Manna Seafoods Inc. (1994), 123 Nfld. & P.E.I.R. 182; 382 A.P.R. 182 (P.E.I.T.D.), refd to. [para. 21].

R. v. Hillier (G.) et al. (1996), 141 Nfld. & P.E.I.R. 6; 443 A.P.R. 6 (Nfld. Prov. Ct.), refd to. [para. 22].

R. v. Kinnear (D.J.) (1997), 148 Nfld. & P.E.I.R. 163; 464 A.P.R. 163 (P.E.I.T.D.), affd. (1997), 151 Nfld. & P.E.I.R. 83; 471 A.P.R. 83 (P.E.I.C.A.), refd to. [para. 22].

R. v. Larry (R.J.) (1998), 203 N.B.R.(2d) 220; 518 A.P.R. 220 (T.D.), refd to. [para. 22].

R. v. Newell (1988), 87 N.S.R.(2d) 157; 222 A.P.R. 157 (Co. Ct.), refd to. [para. 23].

R. v. Phillips (1991), 106 N.S.R.(2d) 91; 288 A.P.R. 91 (C.A.), refd to. [para. 23].

R. v. Cranford (E.) (1999), 180 Nfld. & P.E.I.R. 248; 548 A.P.R. 248 (Nfld. Prov. Ct.), refd to. [para. 24].

R. v. Sable Fish Packers (1988) Ltd., [1991] N.S.J. No. 316 (Co. Ct.), refd to. [para. 24].

R. v. Bagshaw, [1993] B.C.J. No. 2009 (Prov. Ct.), refd to. [para. 24].

R. v. Sandover-Sly (R.A.) et al. (1999), 2 B.C.T.C. 81 (S.C.), refd to. [para. 24].

R. v. Nova Scotia Pharmaceutical Society et al. (1990), 98 N.S.R.(2d) 296; 263 A.P.R. 296; 59 C.C.C.(3d) 30 (T.D.), refd to. [para. 29].

R. v. Robart (N.A.) (1997), 159 N.S.R.(2d) 243; 468 A.P.R. 243 (C.A.), refd to. [para. 31].

Statutes Noticed:

Atlantic Fishery Regulations - see Fisheries Act Regulations (Can.).

Fisheries Act, R.S.C. 1985, c. F-14, sect. 2, sect. 49, sect. 50, sect. 62, sect. 78 [para. 16].

Fisheries Act Regulations (Can.), Atlantic Fishery Regulations, sect. 12, sect. 13(1), sect. 13.1(1), sect. 13.2, sect. 14, sect. 15 [para. 16].

Fisheries Act Regulations (Can.), Fishery (General) Regulations, sect. 11, sect. 12 [para. 16].

Fishery (General) Regulations - see Fisheries Act Regulations (Can.).

Interpretation Act, R.S.C. 1985, c. 1-21, sect. 12 [para. 18].

Counsel:

Rhonda Vanderhoek, for the federal Crown;

David Mahoney, for the provincial Crown;

Michael Taylor, for the accused.

This case was heard on October 23, 2001, at Sheet Harbour, N.S., before MacDougall, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on April 9, 2002.