R. v. Walker et al., (1985) 65 N.B.R.(2d) 280 (PC)

JudgeRice, P.C.J.
CourtProvincial Court of New Brunswick (Canada)
Case DateJuly 02, 1985
JurisdictionNew Brunswick
Citations(1985), 65 N.B.R.(2d) 280 (PC)

R. v. Walker (1985), 65 N.B.R.(2d) 280 (PC);

    65 R.N.-B.(2e) 280; 167 A.P.R. 280

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

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

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R. v. Walker, McCabe and Anderson

Indexed As: R. v. Walker et al.

Répertorié: R. v. Walker et al.

New Brunswick Provincial Court

Rice, P.C.J.

July 2, 1985.

Summary:

Résumé:

The three accused were charged with loitering under a municipal bylaw. They pleaded that the loitering bylaw violated their rights to freedom of association and assembly under the Canadian Charter of Rights and Freedoms.

The New Brunswick Provincial Court disposed of the charges after ruling that the loitering bylaw did not violate the Charter.

Civil Rights - Topic 2149

Freedom of association - Limitations on - Loitering - A municipal bylaw passed under the authority of the New Brunswick Municipalities Act provided that no person shall loiter unless the person when required to do so justifies his reason for doing so - The New Brunswick Provincial Court held that the bylaw did not violate the right to freedom of association under s. 2(d) of the Canadian Charter of Rights and Freedoms.

Civil Rights - Topic 2347

Freedoms of assembly - Limitations on - Loitering - A municipal bylaw passed under the authority of the New Brunswick Municipalities Act provided that no person shall loiter unless the person when required to do so justifies his reason for doing so - The New Brunswick Provincial Court held that the bylaw did not violate the right to freedom of assembly under s. 2(c) of the Canadian Charter of Rights and Freedoms.

Municipal Law - Topic 3771

Bylaws - Scope of - Loitering bylaw - A municipal bylaw passed under the authority of the New Brunswick Municipalities Act provided that no person shall loiter unless the person when required to do so justifies his reason for doing so - The New Brunswick Provincial Court held that before a person could be convicted of loitering the police officer must inquire about the nature of the person's business at the location and if they can justify their reason for being there - See paragraphs 10 to 13.

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 2(c), sect. 2(d).

Counsel:

[None disclosed].

This case was heard at St. Stephen, N.B., before Rice, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment on July 2, 1985:

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