R. v. Ruff-Dickinson (S.), (1994) 150 N.B.R.(2d) 157 (CA)
Judge | Hoyt, C.J.N.B., Rice and Ayles, JJ.A. |
Court | Court of Appeal (New Brunswick) |
Case Date | July 08, 1994 |
Jurisdiction | New Brunswick |
Citations | (1994), 150 N.B.R.(2d) 157 (CA) |
R. v. Ruff-Dickinson (S.) (1994), 150 N.B.R.(2d) 157 (CA);
150 R.N.-B.(2e) 157; 385 A.P.R. 157
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[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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Her Majesty The Queen (applicant/appellant) v. Sheila Ruff-Dickinson (respondent/respondent)
(28/94/CA)
Indexed As: R. v. Ruff-Dickinson (S.)
New Brunswick Court of Appeal
Hoyt, C.J.N.B., Rice and Ayles, JJ.A.
July 8, 1994.
Summary:
The defendant was charged with failing to stop for a school bus with flashing red lights. At trial, the defendant's car was identified but the driver of the car was not. The Crown attempted to rely on the reverse onus provisions in ss. 270 and 362 of the Motor Vehicle Act. The trial judge held that ss. 270 and 362 violated ss. 11(c) and 11(d) of the Charter and were not saved by s. 1 of the Charter. The Crown appealed.
The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported 143 N.B.R.(2d) 217; 366 A.P.R. 217, dismissed the appeal. The Crown applied for leave to appeal.
The New Brunswick Court of Appeal refused leave to appeal.
Civil Rights - Topic 4303
Protection against self-incrimination - Right to refuse to testify - Section 270 of the Motor Vehicle Act stated that the owner of a vehicle was guilty of any violation under the Act, regulations or local bylaw involving that vehicle unless he established that the vehicle was being operated without his consent - Under s. 362 the owner of a vehicle was presumed to be operating the vehicle at the time of an alleged offence - The New Brunswick Court of Queen's Bench, Trial Division, affirmed that ss. 270 and 362 violated ss. 11(c) and 11(d) of the Charter and were not saved by s. 1 of the Charter - The New Brunswick Court of Appeal refused leave to appeal and declined to deal with the constitutional issue.
Civil Rights - Topic 4945
Presumption of innocence - Evidence and proof - Reverse onus provisions - [See Civil Rights - Topic 4303 ].
Civil Rights - Topic 8348
Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law - [See Civil Rights - Topic 4303 ].
Motor Vehicles - Topic 4124
Offences - Liability of owner - For offences of driver - [See Civil Rights - Topic 4303 ].
Cases Noticed:
R. v. Crowdis (1990), 107 N.B.R.(2d) 271; 267 A.P.R. 271 (Prov. Ct.), refd to. [para. 2].
Statutes Noticed:
Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 188 [para. 3]; sect. 188(1) [para. 1]; sect. 270 [paras. 2, 3]; sect. 270(2) [para. 2]; sect. 362 [paras. 2, 3].
Counsel:
J.T. Keith McCormick, for the applicant/appellant;
No one appeared for the respondent/respondent.
This appeal was heard on May 10, 1994, before Hoyt, C.J.N.B., Rice and Ayles, JJ.A., of the New Brunswick Court of Appeal.
The court delivered judgment on July 8, 1994.
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