R. v. Skinner (G.), 2008 NLCA 35

• Judge: Wells, C.J.N.L., Barry and Welsh, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: May 23, 2008
• Jurisdiction: Newfoundland and Labrador
• Citations: 2008 NLCA 35;(2008), 276 Nfld. & P.E.I.R. 280 (NLCA)

R. v. Skinner (G.) (2008), 276 Nfld. & P.E.I.R. 280 (NLCA);

    846 A.P.R. 280

MLB headnote and full text

Temp. Cite: [2008] Nfld. & P.E.I.R. TBEd. JL.010

Gerry Skinner (appellant) v. Her Majesty the Queen (respondent)

(05/80; 2008 NLCA 35)

Indexed As: R. v. Skinner (G.)

Newfoundland and Labrador Supreme Court

Court of Appeal

Wells, C.J.N.L., Barry and Welsh, JJ.A.

July 16, 2008.

Summary:

A Provincial Court judge found Skinner guilty of two counts of breaching s. 33 of the Transportation of Dangerous Goods Act (Can.). He was fined $5,000 on each count. Skinner appealed.

The Newfoundland and Labrador Supreme Court, Trial Division, in a decision reported at 248 Nfld. & P.E.I.R. 134; 741 A.P.R. 134, dismissed the appeal. Skinner sought leave, and if granted, appealed his conviction and sentence.

The Newfoundland and Labrador Court of Appeal granted leave and dismissed the appeal.

Trade Regulation - Topic 8103

Hazardous products - Transportation of dangerous goods (incl. offer for) - Offer for transport - What constitutes - The Newfoundland and Labrador Court of Appeal stated that "Presenting one's self at an airline counter with luggage containing dangerous goods and requesting a boarding pass constitutes the offering of both yourself and your luggage for transport by the airline, whether the luggage is checked or carried aboard and placed in the passenger compartment. This is so whether one applies the ordinary meaning of the words 'offer for transport' or the definition in the Regulations." - See paragraph 10.

Trade Regulation - Topic 8115

Hazardous products - Transportation of dangerous goods (incl. offer for) - Sentence - Skinner was found guilty of two counts of breaching s. 33 of the Transportation of Dangerous Goods Act (Can.) by 1) unlawfully offering for transport on a passenger aircraft dangerous goods (propane and butane) and 2) offering the dangerous goods without a required shipper's declaration - The maximum fine for a first offence was $50,000 - He was fined $5,000 on each count - Skinner appealed - The summary conviction appeal court dismissed the appeal - The Newfoundland and Labrador Court of Appeal dismissed a further appeal - While deterrence might often be adequately promoted by lower fines for individuals than for corporations, here there was no error in concluding fines of $5,000 on each charge were reasonable for specific and general deterrence, where the accused's conduct was dangerous and deliberate and for commercial gain - See paragraphs 12 to 16.

Cases Noticed:

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 12].

R. v. Rogers (W.M.) (2008), 274 Nfld. & P.E.I.R. 159; 837 A.P.R. 159 (N.L.C.A.), refd to. [para. 12].

R. v. Snap-on Tools Canada Ltd., 2002 CarswellOnt 5583 (Sup. Ct.), refd to. [para. 14].

R. v. Midland Transport Ltd. (1991), 113 N.B.R.(2d) 135; 286 A.P.R. 135 (Prov. Ct.), refd to. [para. 15].

Statutes Noticed:

Transportation of Dangerous Goods Act Regulations (Can.), Transportation of Dangerous Goods Regulations, SOR/2001-286, sect. 1.4 [para. 7].

Transportation of Dangerous Goods Regulations - see Transportation of Dangerous Goods Act Regulations (Can.).

Counsel:

Wayne White, for the appellant;

David Schermbrucker, for the respondent.

This appeal was heard on May 23, 2008, by Wells, C.J.N.L., Barry and Welsh, JJ.A., of the Newfoundland and Labrador Court of Appeal. Barry, J.A., delivered the following reasons for judgment for the court on July 16, 2008.