R. v. Sappier, (1971) 5 N.B.R.(2d) 208 (PC)

• Judge: Tomlinson, J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: September 07, 1971
• Jurisdiction: New Brunswick
• Citations: (1971), 5 N.B.R.(2d) 208 (PC)

R. v. Sappier (1971), 5 N.B.R.(2d) 208 (PC);

    5 R.N.-B.(2e) 208

MLB headnote and full text

Sommaire et texte intégral

R. v. Sappier

Indexed As: R. v. Sappier

Répertorié: R. v. Sappier

New Brunswick Provincial Court

Tomlinson, J.

September 7, 1971.

Summary:

Résumé:

A judge of the New Brunswick Provincial Court dismissed a charge of obstructing a police officer contrary to section 110(a) of the Criminal Code of Canada. The police officer attempted to seize a motor vehicle with Massachusetts licence plates which the police officer believed was being used illegally in Canada and hence subject to seizure under the Customs Act and its regulations. The police officer when he attempted to seize the vehicle did not have a search warrant. The accused obstructed the police officer when the police officer attempted to seize the vehicle in the driveway of a private house.

The trial court interpreted the Customs Act and held that the police officer was not acting pursuant to statutory authority. Section 123(3) of the Customs Act authorizes seizures by a police officer "where no Justice of the Peace can be found within five miles at the time of search". The trial court held that a Justice of the Peace was available within five miles at the time of the search.

The trial court in dismissing the charge, held that the seizure was not lawful, and consequently the police officer was not acting in the execution of his duty and, accordingly, "the accused cannot be guilty of an obstruction no matter what he does".

Civil Rights - Topic 1524

Property - Personal property - Search and seizure by police - Unlawful search and seizure by a police officer - A police officer was obstructed when he attempted to seize a motor vehicle on private property - The New Brunswick Provincial Court held the police officer conducted an unlawful search when he seized a motor vehicle on private property without a warrant and without statutory authority.

Criminal Law - Topic 434

Offences against the administration of law and justice - Disobedience and obstruction - Obstruction and resistance of peace officer, in execution of his duty - Charge of obstructing a police officer in the execution of his duty - Police officer without a warrant seized on private property a motor vehicle with Massachusetts registration plates which he believed was being used illegally in Canada - Accused obstructed police officer - The New Brunswick Provincial Court dismissed the charge and held the police officer made a search and seizure without authority which justified the obstruction by the accused.

Cases Noticed:

Hinchcliffe v. Sheldon, [1955] 3 All E.R. 406, folld.

R. v. Sutherland, [1944] 1 W.W.R. 529, folld.

R. v. Jutras, 109 C.C.C. 190, folld.

Statutes Noticed:

Customs Act, R.S.C. 1952, c. 58, sect. 132(3), sect. 140(1), sect. 140(2).

Criminal Code, S.C. 1953-54, c. 51, sect. 110(a).

Counsel:

D.M. Hitchcock, for the prosecution;

Ray W. Dixon, for the accused.