R. v. Allen

R. v. Allen

The Act is intra vires the Province under s.92(13) because its pith and substance relates to property and civil rights within Nova Scotia (strengthening and funding representative fisheries organizations), not to the maintenance and preservation of fisheries under federal jurisdiction; s.9 compelling payment of dues does not violate s.2(d) because affiliation is compelled by the facts of the fishing industry, the accredited associations serve the collective welfare, and the measure is rationally connected and minimally impairing (and in any event would be justified under s.1). Consequently each defendant was found guilty under s.9.

Citation
2004 NSPC 69
Parties
Prosecution: Her Majesty the Queen; Defendant: Clifford Robert Allen; Defendant: Joseph E. Boudreau; Defendant: John Alex Grant; Defendant: Darren Lee Langille; Defendant: Jason Andrew MacDonald; Defendant: Edwin D. Shaw
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 December 2004
Procedural Posture
Criminal (provincial Regulatory) / Trial Decision Conviction Entered (sentencing Pending)
Outcome
Each defendant found guilty of an offence under s.9 of the Fisheries Organizations Support Act; sentencing to be addressed.
Legal Topics
Division of Powers (federalism), Freedom of Association (s.2(d)), Section 1 Charter Justification, Pith and Substance Analysis, Compulsory Dues/association, Accreditation of Organizations
Source Language
English
Constitutional Law Charter Fisheries Law Criminal Law Administrative Law Division of Powers (federalism) Freedom of Association (s.2(d)) Section 1 Charter Justification +3 more

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Parties

Her Majesty the Queen

Prosecution

Clifford Robert Allen

Defendant

Joseph E. Boudreau

Defendant

John Alex Grant

Defendant

Darren Lee Langille

Defendant

Jason Andrew MacDonald

Defendant

Edwin D. Shaw

Defendant

Procedural Posture

Criminal (provincial Regulatory) / Trial Decision Conviction Entered (sentencing Pending)

Legal Issues

  1. 1 Whether the Fisheries Organizations Support Act is ultra vires the Province under s.91(12) (fisheries)
  2. 2 Whether s.9 of the Act violates s.2(d) Charter freedom of association (negative right)
  3. 3 If s.9 violates s.2(d), whether it is justified under s.1 of the Charter

Ratio Decidendi

The Act is intra vires the Province under s.92(13) because its pith and substance relates to property and civil rights within Nova Scotia (strengthening and funding representative fisheries organizations), not to the maintenance and preservation of fisheries under federal jurisdiction; s.9 compelling payment of dues does not violate s.2(d) because affiliation is compelled by the facts of the fishing industry, the accredited associations serve the collective welfare, and the measure is rationally connected and minimally impairing (and in any event would be justified under s.1). Consequently each defendant was found guilty under s.9.

Court Disposition

Each defendant found guilty of an offence under s.9 of the Fisheries Organizations Support Act; sentencing to be addressed.

Orders

  • Each defendant guilty of an offence contrary to s.9 of the Fisheries Organizations Support Act.
  • Sentencing hearing to be scheduled/determined by the court.