R. v. Stockley et al., (1977) 12 Nfld. & P.E.I.R. 370 (NFCA)

• Judge: Furlong, C.J.N., Morgan and Gushue, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: May 18, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 12 Nfld. & P.E.I.R. 370 (NFCA)

R. v. Stockley (1977), 12 Nfld. & P.E.I.R. 370 (NFCA);

    25 A.P.R. 370

MLB headnote and full text

R. v. Stockley et al.

Indexed As: R. v. Stockley et al.

Newfoundland Court of Appeal

Furlong, C.J.N., Morgan and Gushue, JJ.A.

May 18, 1977.

Summary:

This case arose out of a charge against the 7 accused of intimidation by obstructing a highway contrary to s. 381(1)(g) of the Criminal Code of Canada, R.S.C. 1970, c. C-34. The accused were members of a mob of 50 to 70 men which surrounded a motor vehicle on a street of the Town of Churchill Falls and prevented it from proceeding. The town was owned by a private corporation. The accused were charged with intimidation by obstructing a highway. The accused were convicted before a Magistrate and their appeal was dismissed by the Newfoundland District Court. The accused appealed.

The Newfoundland Court of Appeal dismissed the appeal. The Newfoundland Court of Appeal found that there was evidence that the accused were members of the mob which obstructed the highway, which was sufficient to prove the charge. See paragraphs 3 to 4.

The Court of Appeal held that the public had the right to use the street of the corporation town subject to the regulations of the corporation and that it was a highway within the meaning of s. 2 of the Criminal Code. See paragraphs 5 to 13.

Criminal Law - Topic 10.1

"Highway" defined - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 2 - During a labour dispute the seven accused obstructed a street of the Town of Churchill Falls, which was owned by a private corporation - The accused were charged with intimidation by obstructing a highway contrary to s. 381(1)(g) of the Criminal Code - The accused pleaded that the street of the corporation town was not a highway within the meaning of s. 2 of the Criminal Code, because the public had no right of access to it - The Newfoundland Court of Appeal held that the public had the right to use the street subject to the regulations of the corporation and that it was a highway within the meaning of s. 2 - See paragraphs 5 to 13.

Criminal Law - Topic 2752

Parties to offences - Members of a mob - The seven accused were members of a mob of 50 to 70 men which obstructed the highway during a labour dispute - The accused were charged with intimidation by obstructing a highway contrary to s. 381(1)(g) of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - The accused submitted that it had not been proved that they obstructed the highway - The Newfoundland Court of Appeal found that there was evidence that the accused were members of the mob which obstructed the highway, which was sufficient to prove the charge - See paragraphs 3 to 4.

Cases Noticed:

Atchison & N.R. Co. v. Baty, 29 Am. Rep. 356, folld. [para. 10].

R. v. Sahonovitch, 69 W.W.R.(N.S.) 674, dist. [para. 12].

Dawe v. R., [1967] C.R.N.S. 106, dist. [para. 13].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2 [para. 5]; sect. 381(1)(g) [para. 2].

Counsel:

Edward Shortall, for the accused;

Robert Hyslop, for the Crown.

This case was heard on April 15, 1977, at St. John's, Newfoundland, before FURLONG, C.J.N., MORGAN and GUSHUE, JJ.A., of the Newfoundland Court of Appeal.

On May 18, 1977, GUSHUE, J.A., delivered the following judgment for the Court of Appeal: