R. v. Webb (H.) et al.,

• Jurisdiction: New Brunswick
• Judge: Jackson
• Neutral Citation: 2009 NBPC 19
• Citation: (2009), 343 N.B.R.(2d) 313 (PC),2009 NBPC 19,343 NBR(2d) 313,(2009), 343 NBR(2d) 313 (PC),343 N.B.R.(2d) 313
• Date: 07 April 2009
• Court: Provincial Court of New Brunswick (Canada)

R. v. Webb (H.) (2009), 343 N.B.R.(2d) 313 (PC);

    343 R.N.-B.(2e) 313; 881 A.P.R. 313

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Temp. Cite: [2009] N.B.R.(2d) TBEd. MY.018

Renvoi temp.: [2009] N.B.R.(2d) TBEd. MY.018

Her Majesty the Queen v. Hazen Webb and John Henderson

(13624413; 2009 NBPC 19; 2009 NBCP 19)

Indexed As: R. v. Webb (H.) et al.

Répertorié: R. v. Webb (H.) et al.

New Brunswick Provincial Court

Jackson, C.J.P.C.

April 7, 2009.

Summary:

Résumé:

The accused were charged with failure to remove a trap or snare, contrary to regulations made under the Fish and Wildlife Act. After the six day trial (which included the evidence of four expert witnesses), but before a decision was issued, the judge who heard the matter was appointed to the Court of Queen's Bench. The parties agreed that he had lost jurisdiction to complete the case. The Crown applied for an order designating another judge to commence again, rehear and decide the case.

The New Brunswick Provincial Court allowed the application.

Editor's Note: For another decision involving these accused, see (2008), 339 N.B.R.(2d) 276; 870 A.P.R. 276.

Practice - Topic 5203.1

Trials - General - Where judge is absent due to illness or other cause - The accused were charged with failure to remove a trap or snare, contrary to regulations made under the Fish and Wildlife Act - After the six day trial (which included the evidence of four expert witnesses), but before a decision was issued, the judge who heard the matter was appointed to the Court of Queen's Bench - The parties agreed that he had lost jurisdiction to complete the case - The Crown applied for an order designating another judge to commence again, rehear and decide the case - The New Brunswick Provincial Court allowed the application - Section 22(1) of the Provincial Court Act allowed the court to designate another judge to hear a matter where a judge was "absent from office because of illness or for any other cause" - The provision was permissive, not mandatory - Neither party was to blame or at fault for the situation - If the request were refused, a mistrial would have to be declared - The Crown would then have the opportunity of relaying the Information and proceeding to have it heard - This led the court to conclude that the Crown's application had to be allowed.

Procédure - Cote 5203.1

Procès - Généralitités - Absence du juge en raison de maladie ou d'une autre cause - [Voir Practice - Topic 5203.1 ].

Counsel:

Avocats:

Darlene Blunston, for the Crown;

Aloysius Hayes, for Mr. Webb and Mr. Henderson.

This application was heard on April 7, 2009, by Jackson, C.J.P.C., of the New Brunswick Provincial Court, who delivered the following decision on the same date.