R. v. Vautour (G.), (2000) 226 N.B.R.(2d) 226 (TD)

• Judge: Rideout, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 18, 2000
• Jurisdiction: New Brunswick
• Citations: (2000), 226 N.B.R.(2d) 226 (TD)

R. v. Vautour (G.) (2000), 226 N.B.R.(2d) 226 (TD);

    226 R.N.-B.(2e) 226; 579 A.P.R. 226

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2000] N.B.R.(2d) TBEd. AP.049

Her Majesty the Queen (appellant) v. Guy Vautour (respondent)

(M/A/26/98)

Indexed As: R. v. Vautour (G.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Rideout, J.

April 20, 2000.

Summary:

The accused was one of four fishers charged under the Fisheries Act with ob­structing a fishery officer. The accused was acquitted at trial. The Crown appealed.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the appeal and ordered a new trial.

Fish and Game - Topic 3

General principles - Legislation - Interpre­tation and application - [See Statutes - Topic 501 ].

Fish and Game - Topic 2083

Fishing offences - Enforcement offences - Obstruction of officers - [See Statutes - Topic 501 ].

Fish and Game - Topic 5606

Enforcement - Powers of fisheries officers - Enabling Acts - [See Statutes - Topic 501 ].

Statutes - Topic 501

Interpretation - Purpose of legislation - Duty to promote object of statute - Section 62 of the Fisheries Act made it an offence to obstruct a fisheries officer carrying out duties "under this Act" - The accused obstructed fisheries officers who were operating under regulations made pursuant to the Act - The accused argued at trial that since s. 62 was a penal section, it must be strictly construed so as to not include the enforcement of the Regulations - The trial judge agreed - The Crown appealed - The New Brunswick Court of Queen's Bench, Trial Division, allowed the appeal and ordered a new trial - The court held that the object of the Act was "to properly manage and control the commercial fish­ery" and it should give a "fair, large and liberal construction and interpretation" to the Act and Regulations - See paragraphs 13 and 14.

Statutes - Topic 4943

Operation and effect - Enabling Acts - Powers - General - Extent or scope of power - [See Statutes - Topic 501 ].

Statutes - Topic 5001

Operation and effect - Enabling Acts - Subordinate legislation - General - [See Statutes - Topic 501 ].

Statutes - Topic 5181

Operation and effect - Enabling Acts - Enforcement of enabling Acts - General - [See Statutes - Topic 501 ].

Statutes - Topic 8406

Penal statutes - General principles - Ambi­guity resolved in favour of accused - [See Statutes - Topic 501 ].

Statutes - Topic 8410

Penal statutes - General principles - Inter­pretation of - [See Statutes - Topic 501 ].

Cases Noticed:

R. v. Melanson (P.) et al. (1999), 222 N.B.R.(2d) 311; 570 A.P.R. 311 (T.D.), refd to. [para. 7].

R. v. Hasselwander, [1993] 2 S.C.R. 398; 152 N.R. 247; 62 O.A.C. 285, folld. [para. 10].

R. v. Savory (1992), 108 N.S.R.(2d) 245; 294 A.P.R. 245 (C.A.), refd to. [para. 11].

R. v. Chute (M.) (1997), 160 N.S.R.(2d) 378; 473 A.P.R. 378 (C.A.), refd to. [para. 11].

R. v. Marcellus (G.W.) (1999), 214 N.B.R.(2d) 72; 547 A.P.R. 72 (C.A.), refd to. [para. 12].

Statutes Noticed:

Fisheries Act, R.S.C. 1985, c. F-14, sect. 62 [para. 3].

Counsel:

Jacqueline Henry and Denis Lavoie, on behalf of the Crown;

Wendell Maxwell, Q.C., on behalf of the respondent.

This appeal was heard on April 18, 2000, by Rideout, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who delivered the following decision on April 20, 2000.