R. v. Topping (B.S.), (1999) 191 Sask.R. 146 (ProvCt)

• Judge: Bekolay, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: October 15, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 191 Sask.R. 146 (ProvCt)

R. v. Topping (B.S.) (1999), 191 Sask.R. 146 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. NO.029

In The Matter Of Information No. 32790840

Her Majesty the Queen v. Brian Scott Topping

Indexed As: R. v. Topping (B.S.)

Saskatchewan Provincial Court

Judicial Centre of Prince Albert

Bekolay, P.C.J.

October 15, 1999.

Summary:

The accused spun the tires of his truck when pulling out of a parking lot, causing minor damage to another vehicle. The accused was charged under s. 45(2) of the Highway Traffic Act with performing an activity on a public highway that was likely to distract, startle or interfere with users of the highway. Section 61 of the Act extended the application of s. 45(2) to public areas like parking lots. The issue at trial was whether the extension under s. 61 included the loca­tion of those interfered with as well as the location of the person performing the act.

The Saskatchewan Provincial Court acquitted the accused.

Highways - Topic 5886

Offences - Use of highways - Distracting other users - The accused spun the tires of his truck when pulling out of a parking lot, causing minor damage to another vehicle - He was charged under the High­way Traf­fic Act with performing an activity on a pub­lic highway that was likely to distract, startle or interfere with users of the high­way - Section 61 of the Act extended the application of "public highway" to public areas like parking lots - The issue at trial was whether the extension under s. 61 included the location of those interfered with as well as the location of the person performing the act - The Saskatchewan Provincial Court acquitted the accused, stating that "[g]iven the uncertainty of whether s. 61 should be interpreted to include the location of those interfered with ... the section must be construed in favour of rather than against the accused." - See paragraph 12.

Statutes - Topic 8406

Penal statutes - General principles - Am­bi­guity resolved in favour of accused - See [ Highways - Topic 5886 ].

Cases Noticed:

R. v. McLaughlin, [1980] 2 S.C.R. 331; 32 N.R. 350; 23 A.R. 530, refd to. [para. 11].

Statutes Noticed:

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 45(2) [para. 8]; sect. 61 [para. 10].

Counsel:

M. Friesen, for the Crown;

Accused's father present - accused absent.

This matter was heard before Bekolay, P.C.J., of the Saskatchewan Provincial Court, Judicial Centre of Prince Albert, who delivered the following decision on October 15, 1999.