R. v. Sproule, (1987) 84 N.S.R.(2d) 353 (CA)

• Judge: Hart, Pace and Matthews, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 27, 1988
• Jurisdiction: Nova Scotia
• Citations: (1987), 84 N.S.R.(2d) 353 (CA)

R. v. Sproule (1987), 84 N.S.R.(2d) 353 (CA);

    213 A.P.R. 353

MLB headnote and full text

R. v. Calvin W. Sproule

(S.C.C. 01820)

Indexed As: R. v. Sproule

Nova Scotia Supreme Court

Appeal Division

Hart, Pace and Matthews, JJ.A.

May 27, 1987.

Summary:

The accused was charged with failure to furnish a true return of fish caught, contrary to s. 48 of the Fisheries Act, R.S.C. 1970, c. F-14. The trial judge acquitted the accused on the ground that the return was not admissible, because the accused had not been advised of his right to counsel. The Crown appealed.

The Nova Scotia County Court, in a judgment reported 81 N.S.R.(2d) 308; 203 A.P.R. 308, allowed the appeal and ordered a new trial. The court held that the accused upon being asked to furnish a return was not detained and was not entitled to counsel. The accused appealed.

The Nova Scotia Supreme Court, Appeal Division, dismissed the appeal.

Civil Rights - Topic 3604

Detention and imprisonment - Detention - What constitutes - The Nova Scotia Court of Appeal affirmed that a fishing captain who was asked by a fisheries officer to submit a return on the quantity of his catch under s. 48 of the Fisheries Act was not detained within the meaning of s. 10 of the Charter of Rights and Freedoms and was therefore not entitled to counsel.

Civil Rights - Topic 4613

Right to counsel - Requirement of arrest or detention - [See Civil Rights - Topic 3604 above].

Fish and Game - Topic 2167

Fishing offences - Particular offences - Failure to furnish return of catch - [See Civil Rights - Topic 3604 above].

Cases Noticed:

R. v. Stevens (1984), 58 N.S.R.(2d) 413; 123 A.P.R. 413; 7 C.C.C.(3d) 260 (C.A.), refd to. [para. 3].

R. v. Dempsey (1987), 77 N.S.R.(2d) 284; 191 A.P.R. 284 (C.A.), refd to. [para. 3].

R. v. Gough (1986), 70 N.S.R.(2d) 192; 166 A.P.R. 192 (C.A.), refd to. [para. 7].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 10(b) [para. 4]; sect. 24 [para. 5].

Fisheries Act, R.S.C. 1970, c. F-14, sect. 48 [para. 1].

Counsel:

S. Clifford Hood, Q.C., for the appellant;

Briant N. Burgess, Q.C., for the respondent.

This appeal was heard on May 27, 1988, before Hart, Pace and Matthews, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On May 27, 1988, Matthews, J.A., delivered the following judgment orally for the Court of Appeal.