R. v. Williams et al., (1987) 80 N.S.R.(2d) 220 (ProvCt)

• Judge: Curran, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 15, 1987
• Jurisdiction: Nova Scotia
• Citations: (1987), 80 N.S.R.(2d) 220 (ProvCt)

R. v. Williams (1987), 80 N.S.R.(2d) 220 (ProvCt);

    200 A.P.R. 220

MLB headnote and full text

R. v. Walter John Leo Williams; R. v. Theresa Mary Agnes Crosby; R. v. Florence Ester MacConnell

Indexed As: R. v. Williams et al.

Nova Scotia Provincial Court

Curran, P.C.J.

July 15, 1987.

Summary:

When three justices of the peace imposed fines against American tourists, and the fines were paid in American funds, the justices exchanged the American funds into Canadian funds, remitted the nominal amount of the fine to the Provincial Court in Canadian funds and openly kept the excess funds realized on the exchange. The three justices were charged with the theft of federal Crown property contrary to s. 294(b)(i) of the Criminal Code.

The Nova Scotia Provincial Court acquitted the justices. The court held that the Crown failed to prove the excess funds were the property of the federal Crown. Alternatively, the required mens rea was not proved where the justices acted honestly under the mistaken belief that they were entitled to retain the excess funds.

Courts - Topic 1331

Justices of the peace - Jurisdiction - General - The Nova Scotia Provincial Court generally discussed the scope of the jurisdiction of a justice of the peace - See paragraphs 20 to 27.

Criminal Law - Topic 36.1

Mens rea or intention - Mistake of fact - [See Criminal Law - Topic 1663 below].

Criminal Law - Topic 1646

Theft - Elements - Ownership of property taken - Justices of the peace receiving payment of fines in American funds converted the American funds to Canadian funds, remitted the nominal value of the fines to the Provincial Court in Canadian funds and kept the excess funds realized on the exchange - They were charged with theft of federal Crown property - The Nova Scotia Provincial Court acquitted the justices on the ground that the Crown failed to prove the excess funds were the property of the federal Crown - The court held that the excess funds were not federal Crown property under s. 651(2) of the Criminal Code, nor was it proved that the justices received the funds as agents of the federal Crown - See paragraphs 28 to 36.

Criminal Law - Topic 1663

Theft - Defences - Taking with colour of right - Justices of the peace receiving payment of fines in American funds converted the American funds to Canadian funds, remitted the nominal value of the fines to the Provincial Court in Canadian funds and kept the excess funds realized on the exchange - The justices were unsure of the scope of their office and were unable to obtain direction from the Attorney General - They openly kept the excess funds under the honest but mistaken belief that they were entitled to do so - There was no government policy concerning how to deal with the excess funds - The Nova Scotia Provincial Court acquitted the justices of theft, on the ground that the Crown failed to prove the requisite intent - See paragraphs 37 to 42.

Cases Noticed:

R. v. Little and Wolski (1974), 3 N.R. 541; 19 C.C.C.(2d) 385 (S.C.C.), refd to. [para. 35].

R. v. Pace, [1965] 3 C.C.C. 55, refd to. [para. 38].

R. v. Jean, [1968] 2 C.C.C. 204, refd to. [para. 38].

R. v. Dalzell (1983), 57 N.S.R.(2d) 148; 120 A.P.R. 148; 6 C.C.C.(3d) 112 (C.A.), refd to. [para. 39].

R. v. Sansregret (1985), 58 N.R. 123; 35 Man.R.(2d) 1; 18 C.C.C.(3d) 223 (S.C.C.), refd to. [para. 44].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 2 [para. 21]; sect. 651(2) [para. 31].

Currency and Exchange Act, R.S.C. 1970, c. C-39, sect. 7 [para. 29]; sect. 11 [para. 28].

Authors and Works Noticed:

Justices of the Peace, Handbook for, pp. ii [para. 22]; 4 [para. 5].

Counsel:

M. Alison Crowe, for the Crown;

Irving C. Pink, Q.C., and Eric C. LeDrew, for Walter John Leo Williams;

Philip J. Star, for Theresa Mary Agnes Crosby;

Joel E. Pink, Q.C., for Florence E. MacConnell.

This case was heard on May 15, 1987, at Yarmouth, N.S., before Curran, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on July 15, 1987.