R. v. Boudreau

R. v. Boudreau

The accused lacks standing to pursue a s.24(1) remedy for an alleged s.20(1) language violation because the licence was issued to Millbrook First Nation, there is no evidence the Department dealt with or knew of the accused's designation, and s.24(1) relief is limited to persons whose own Charter rights were infringed; therefore the application for a stay on language-rights grounds is dismissed.

Citation
2008 NSPC 78
Parties
Prosecution: Her Majesty the Queen; Accused: Gordon Andreau Boudreau
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 December 2008
Procedural Posture
Criminal Fisheries Act Offences / Pre Trial Charter Standing Decision
Outcome
Application dismissed; accused does not have standing to advance a s.20(1) language-rights claim and therefore s.24(1) relief is not available
Legal Topics
Charter Section 20(1) Language Rights, Section 24(1) Remedies, Standing, Official Languages Act, Fisheries Licensing
Source Language
English
Constitutional Law Criminal Law Administrative Law Indigenous Law Charter Section 20(1) Language Rights Section 24(1) Remedies Standing Official Languages Act +1 more

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Parties

Her Majesty the Queen

Prosecution

Gordon Andreau Boudreau

Accused

Procedural Posture

Criminal Fisheries Act Offences / Pre Trial Charter Standing Decision

Legal Issues

  1. 1 Whether the accused has standing to seek a s.24(1) remedy for an alleged s.20(1) language-rights violation
  2. 2 Whether issuance of an English-only communal fishing licence to a First Nation confers personal language-rights on a designated fisher
  3. 3 Whether the claim is properly addressed under s.24(1) or s.52(1) of the Constitution Act

Ratio Decidendi

The accused lacks standing to pursue a s.24(1) remedy for an alleged s.20(1) language violation because the licence was issued to Millbrook First Nation, there is no evidence the Department dealt with or knew of the accused's designation, and s.24(1) relief is limited to persons whose own Charter rights were infringed; therefore the application for a stay on language-rights grounds is dismissed.

Court Disposition

Application dismissed; accused does not have standing to advance a s.20(1) language-rights claim and therefore s.24(1) relief is not available

Orders

  • Dismissal of Notice of Application dated September 21, 2008 seeking a stay of proceedings under s.24(1) of the Charter on language-rights grounds