R. v. Paul

R. v. Paul

The plain wording of s.71 must be applied: the Minister has up to ninety days to decide whether to institute proceedings or to apply under s.71(4) for an extension; once proceedings are instituted within ninety days, s.71(1) authorizes continued detention until proceedings conclude and no separate post‑information s.71(4) application is required; accordingly the Crown's continued detention was lawful and the defence application fails.

Citation
2001 NSPC 1
Parties
Crown: Her Majesty the Queen; Accused: John Peter Paul et al.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 January 2001
Procedural Posture
Application Under Fisheries Act (detention of Seized Property) / Application Heard (pre Trial)
Outcome
Application dismissed; continued detention of seized items held lawful
Legal Topics
Detention of Seized Property, Return on Security, Extension of Detention Under S.71(4), Forfeiture Where Ownership Unknown, Duty to Act Honourably to Aboriginals
Source Language
English
Fisheries Law Criminal Procedure Search and Seizure Statutory Interpretation Aboriginal Law Detention of Seized Property Return on Security Extension of Detention Under S.71(4) +2 more

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Parties

Her Majesty the Queen

Crown

John Peter Paul et al.

Accused

Procedural Posture

Application Under Fisheries Act (detention of Seized Property) / Application Heard (pre Trial)

Legal Issues

  1. 1 Whether the Minister must apply under s.71(4) within 90 days to continue detention after seizure when prosecutions are commenced
  2. 2 Whether continued detention of seized vessels and gear is lawful where proceedings were instituted within 90 days
  3. 3 Whether Crown breached duty to act honourably toward Aboriginals by failing to make a timely s.71(4) application

Ratio Decidendi

The plain wording of s.71 must be applied: the Minister has up to ninety days to decide whether to institute proceedings or to apply under s.71(4) for an extension; once proceedings are instituted within ninety days, s.71(1) authorizes continued detention until proceedings conclude and no separate post‑information s.71(4) application is required; accordingly the Crown's continued detention was lawful and the defence application fails.

Court Disposition

Application dismissed; continued detention of seized items held lawful

Orders

  • Application dismissed