R. v. Weyallon, (1983) 47 A.R. 360 (NWTSC)

• Judge: Marshall, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: July 20, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 47 A.R. 360 (NWTSC)

R. v. Weyallon (1983), 47 A.R. 360 (NWTSC)

MLB headnote and full text

R. v. Weyallon

(SC 2664)

Indexed As: R. v. Weyallon

Northwest Territories Supreme Court

Marshall, J.

August 19, 1983.

Summary:

The accused Dene Indian was convicted of a violent attempted rape. No weapon was involved. Section 98(1) of the Criminal Code of Canada, R.S.C. 1970, c. C-34, required a mandatory five year prohibition against his possession of a firearm in addition to his sentence. The accused was a hunter and trapper and needed a firearm to live. The Northwest Territories Supreme Court refused to make a prohibition order and held that in the circumstances s. 98(1) was contrary to ss. 7 and 12 of the Canadian Charter of Rights and Freedoms as being cruel and unusual punishment and contrary to the principles of fundamental justice.

Civil Rights - Topic 3832

Cruel and unusual punishment - What constitutes - Prohibition order - Weapons - Canadian Charter of Rights and Freedoms, s. 12 - An Indian hunter and trapper, who needed a firearm to live, was convicted of a violent crime - S. 98(1) of the Criminal Code required a mandatory prohibition against possessing a firearm for five years in such a case - The Northwest Territories Supreme Court held that in the circumstances s. 98(1) constituted cruel and unusual punishment and was inapplicable to the Indian.

Civil Rights - Topic 8547

Canadian Charter of Rights and Freedoms - Interpretation - Particular phrases - Principles of fundamental justice - Section 7 - An Indian hunter and trapper, who needed a firearm to live, was convicted of a violent crime - S. 98(1) of the Criminal Code required a mandatory prohibition against possessing a firearm for five years in such a case - The Northwest Territories Supreme Court held that in the circumstances a prohibition order against the Indian possessing a weapon would be contrary to the principles of fundamental justice.

Criminal Law - Topic 5799

Punishments - Prohibition orders - Firearms - An Indian hunter and trapper, who needed a firearm to live, was convicted of a violent crime - S. 98(1) of the Criminal Code required a mandatory prohibition against possessing a firearm for five years in such a case - The Northwest Territories Supreme Court refused to make a prohibition order against the Indian, because in the circumstances it would constitute cruel and unusual punishment contrary to s. 12 of the Canadian Charter of Rights and Freedoms and would violate the principles of fundamental justice contrary to s. 7 of the Charter.

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 11(h), sect. 12 [para. 11].

Constitution Act, 1982, sect. 52(1) [para. 10].

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

Counsel:

B. Fontaine, for the Crown;

M. Morris, for the defence.

This case was heard on July 20, 1983, at Yellowknife, N.W.T., before Marshall, J., of the Northwest Territories Supreme Court, who delivered the following judgment on August 19, 1983: