R. v. Smith, (1980) 5 Man.R.(2d) 250 (CoCt)
| Court | Provincial Court of Manitoba (Canada) |
| Case Date | February 05, 1980 |
| Jurisdiction | Manitoba |
| Citations | (1980), 5 Man.R.(2d) 250 (CoCt) |
R. v. Smith (1980), 5 Man.R.(2d) 250 (CoCt)
MLB headnote and full text
R. v. Smith
Indexed As: R. v. Smith
Manitoba County Court
Jewers, C.C.J.
February 5, 1980.
Summary:
This headnote contains no summary.
Statutes - Topic 5161
Operation and effect - Enabling acts - Directory acts - General - The accused appealed his convictions for speeding in contravention of s. 91(1) of the Manitoba Highway Act, R.S.M. 1970, c. M-60, on the ground that the statute which created the offence was invalid - The Act was enacted, printed and published in the English language only in contravention of s. 23 of the Manitoba Act of 1870 - The Manitoba County Court dismissed the appeal - The court stated that the practice is to hold provisions creating a duty to be directory only, where the result of holding null and void acts done in breach of a public duty would be to work serious general inconvenience to persons having no control over those entrusted with the duty - See paragraph 14.
Statutes - Topic 5164
Operation and effect - Enabling acts - Directory acts - What constitutes - The accused appealed his conviction for speeding in contravention of s. 91(1) of the Highway Act, R.S.M. 1970, c. M-60, on the ground that the statute which created the offence was invalid - The statute was enacted, printed and published in the English language only, in contravention of s. 23 of the Manitoba Act of 1870 - The Manitoba County Court dismissed the appeal - The court held that s. 23 of the Manitoba Act imposed duties in the nature of public duties upon the elected members of the Manitoba Legislature and those persons serving it, to enact, print and publish laws in both English and French - The court stated that s. 23 of the Manitoba Act should be considered directory in nature - The court stated that if duties are not met, the result is not the invalidation of any acts done in breach of them; although the obligation to fulfill the duties still remains and those charged with the responsibility of carrying them out must be held accountable for any failure to do so - See paragraph 13.
Cases Noticed:
Forest v. The Attorney General of Manitoba, [1979] 4 W.W.R. 229; 30 N.R. 213; 2 M.R. 105, appld. [para. 2].
Blaikie et al. v. The Attorney General of Canada et al. (1979), 3 N.R. 225, appld. [para. 7].
Statutes Noticed:
Highway Traffic Act, R.S.M. 1970, c. M-60, sect. 91(1) [paras. 1, 2, 6, 9, 14].
Manitoba Act, R.S.C. 1970, App. 247, sect. 23 [paras. 2 to 9, 11 to 14].
Official Language Act, 1890 (Man.) [paras. 4 to 5, 11].
British North America Act [paras. 7, 14].
Authors and Works Noticed:
Craies on Statute Law (7th Ed.), p. 249 [paras. 12 to 14].
Counsel:
The appellant was in person;
Murray Conklin, for the respondent.
This case was heard before JEWERS, C.C.J., of the Manitoba County Court.
The decision of JEWERS, C.C.J., was delivered on February 5, 1980:
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B.W. v. CFS,
...and provisions affecting private rights. That distinction was drawn in Bilodeau [(1981), 10 Man.R.(2d) 298 (C.A.)] and in Smith [(1980), 5 Man.R.(2d) 250 (Co. Ct.)]. In Bilodeau , Freedman, C.J.M., said at p. 401: 'One of the tests for determining whether a statute is mandatory or directory......
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Bilodeau v. Manitoba (Attorney General), (1981) 10 Man.R.(2d) 298 (CA)
...de l'Amiante et Procureur Général de la Province de Québec, [1979] C.A. 342, consd. [para. 35]. R. v. Smith, [1980] 3 W.W.R. 591; 5 Man.R.(2d) 250, dist. [para. Joyal v. Air Canada et al., [1976] C.S. 1211, refd to. [para. 47]. Statutes Noticed: B.N.A. Act 1867, sect. 133 [para. 32]. B.N.A.......
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Mercure v. Saskatchewan, (1985) 44 Sask.R. 22 (C.A.)
...language does not invalidate the legislation as passed: R. v. Smith, [1980] 3 W.W.R. 591; 52 C.C.C.(2d) 291; 110 D.L.R.(3d) 636; 5 Man.R.(2d) 250 (Co. Ct.). Moreover, it would be my view that such a failure, if applicable on the facts of this case, would not adversely affect the enforcement......
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...and provisions affecting private rights. That distinction was drawn in Bilodeau [(1981), 10 Man.R. (2d) 298 (C.A.)] and in Smith [(1980), 5 Man.R. (2d) 250 (Co. Ct.)]. In Bilodeau, Freedman, C.J.M., said at p. One of the tests for determining whether a statute is mandatory or directory is t......
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B.W. v. CFS,
...and provisions affecting private rights. That distinction was drawn in Bilodeau [(1981), 10 Man.R.(2d) 298 (C.A.)] and in Smith [(1980), 5 Man.R.(2d) 250 (Co. Ct.)]. In Bilodeau , Freedman, C.J.M., said at p. 401: 'One of the tests for determining whether a statute is mandatory or directory......
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Bilodeau v. Manitoba (Attorney General), (1981) 10 Man.R.(2d) 298 (CA)
...de l'Amiante et Procureur Général de la Province de Québec, [1979] C.A. 342, consd. [para. 35]. R. v. Smith, [1980] 3 W.W.R. 591; 5 Man.R.(2d) 250, dist. [para. Joyal v. Air Canada et al., [1976] C.S. 1211, refd to. [para. 47]. Statutes Noticed: B.N.A. Act 1867, sect. 133 [para. 32]. B.N.A.......
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Mercure v. Saskatchewan, (1985) 44 Sask.R. 22 (C.A.)
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...and provisions affecting private rights. That distinction was drawn in Bilodeau [(1981), 10 Man.R. (2d) 298 (C.A.)] and in Smith [(1980), 5 Man.R. (2d) 250 (Co. Ct.)]. In Bilodeau, Freedman, C.J.M., said at p. One of the tests for determining whether a statute is mandatory or directory is t......