R. v. Spence, (1980) 6 Man.R.(2d) 48 (CoCt)

CourtProvincial Court of Manitoba (Canada)
Case DateOctober 03, 1980
JurisdictionManitoba
Citations(1980), 6 Man.R.(2d) 48 (CoCt)

R. v. Spence (1980), 6 Man.R.(2d) 48 (CoCt)

MLB headnote and full text

R. v. Spence

Indexed As: R. v. Spence

Manitoba County Court

Miller, C.C.J.

October 3, 1980.

Summary:

This headnote contains no summary.

Indians, Inuit and Métis - Topic 6305

Government of Indians - Roads and highways on reserves - Application of provincial motor vehicle statutes - The accused was convicted of driving while disqualified under the Highway Traffic Act contrary to s. 238(3) of the Criminal Code - The accused was apprehended on an Indian reserve - The accused appealed on the ground that the Highway Traffic Act and therefore s. 238(3) of the Criminal Code did not apply to the reserve - S. 6 of the Indian Traffic Regulations stated that all laws in the province relating to motor vehicles applied to reserves unless they were inconsistent with the Regulations - The Manitoba County Court dismissed the appeal and held that the Highway Traffic Act and Criminal Code applied to the reserve - See paragraph 14.

Cases Noticed:

R. v. Mansour (1980), 27 N.R. 476; 101 D.L.R.(3d) 545, dist. [para. 4].

R. v. Johns (1963), 45 W.W.R.(N.S.) 65, refd to. [para. 4].

R. v. Stewart (1973), 21 C.R.N.S. 111, refd to. [para. 4].

R. v. Twoyoungmen, [1979] 5 W.W.R. 712; 16 A.R. 413, appld. [para. 4].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 238(3) [para. 1].

Highway Traffic Act, S.M. 1970, c. H-60 [para. 8].

Indian Act, R.S.C. 1970, c. I-6, Indian Traffic Regulations, P.C. 1954-1368, sect. 6 [para. 10]; P.C. 1966-806, sect. 2 [para. 12].

Counsel:

M. Pflug, for the respondent;

D. Troniak, for the appellant.

This case was heard by MILLER, C.C.J., of the Manitoba County Court.

On October 3, 1980, MILLER, C.C.J., delivered the following judgment:

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