R. v. Weyallon, (1985) 60 A.R. 79 (NWTCA)

• Judge: McClung, Harradence and Kerans, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: May 06, 1985
• Jurisdiction: Northwest Territories
• Citations: (1985), 60 A.R. 79 (NWTCA)

R. v. Weyallon (1985), 60 A.R. 79 (NWTCA)

MLB headnote and full text

R. v. Weyallon

Indexed As: R. v. Weyallon

Northwest Territories Court of Appeal

McClung, Harradence and Kerans, JJ.A.

May 6, 1985.

Summary:

The accused Indian was convicted of attempted rape and was sentenced to nine months imprisonment. The trial judge refused to make a firearm prohibition order under s. 98(1) of the Criminal Code, which refusal the Crown appealed. The Northwest Territories Court of Appeal allowed the appeal and imposed a five year prohibition order, because there was no evidence that the accused needed a firearm to live and the trial judge erred in taking judicial notice that a firearm was essential to the accused's hunting and trapping life.

Civil Rights - Topic 8548

Canadian Charter of Rights and Freedoms - Interpretation - Particular phrases - Cruel or unusual treatment or punishment - Charter, s. 12 - The Northwest Territories Court of Appeal imposed a firearm prohibition order on an Indian hunter and trapper and refused to find that such an order was cruel and unusual punishment, because there was no evidence that the accused needed a firearm to live.

Civil Rights - Topic 8590

Canadian Charter of Rights and Freedoms - Practice - Evidence - The Northwest Territories Court of Appeal refused to rule that a firearm prohibition order against an Indian hunter and trapper under s. 98(1) of the Criminal Code violated s. 12 of the Charter as cruel and unusual punishment, because there was no evidence that the accused needed a firearm to live.

Criminal Law - Topic 5799

Punishments - Prohibition orders - Respecting firearms - Charter, s. 12 - The Northwest Territories Court of Appeal imposed a firearm prohibition order on an Indian hunter and trapper and refused to find that such an order was cruel and unusual punishment, because there was no evidence that he needed a firearm to live.

Evidence - Topic 2200

Judicial notice - General - A trial judge took judicial notice that an Indian hunter and trapper needed a rifle to live in refusing to make a firearm prohibition order - The Northwest Territories Court of Appeal held that the trial judge erred in taking judicial notice of a matter which was not notorious and imposed a prohibition order, where there was no evidence that the Indian needed a firearm to live.

Cases Noticed:

R. v. Tobac (1985), 60 A.R. 253, folld. [para. 1].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 12.

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 98(1).

Counsel:

G.M. Bickert and Bernard Fontaine, for the Crown appellant;

Peter Fuglsang, for the respondent.

This case was heard before McClung, Harradence and Kerans, JJ.A., of the Northwest Territories Court of Appeal.

On May 6, 1985, the judgment of the Court of Appeal was delivered and the following decisions were filed:

Kerans, J.A. (Harradence, J.A., concurring) - See paragraphs 1 to 6;

McClung, J.A. - See paragraph 7.