R. v. Kure

R. v. Kure

The defendants were acquitted because the trial judge found on the balance of probabilities that the defendant Kure reasonably believed she had legal justification to protest and the reception area qualified as "in the vicinity of premises to which the public normally has access" under s.16(b), so the PPA defence applied and prosecution could not stand.

Citation
2021 NSPC 49
Parties
Crown: Her Majesty the Queen; Defendant: Eleanor Kure; Defendant: Kevin Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 November 2021
Procedural Posture
Summary Conviction Offence Under Protection of Property Act / Trial Decision (acquittal)
Outcome
Acquittal entered for both defendants
Legal Topics
Protection of Property Act, Peaceful Demonstration, Freedom of Expression, Legal Justification Defence
Source Language
English
Criminal Law Constitutional Law Administrative Law Protection of Property Act Peaceful Demonstration Freedom of Expression Legal Justification Defence

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Parties

Her Majesty the Queen

Crown

Eleanor Kure

Defendant

Kevin Smith

Defendant

Procedural Posture

Summary Conviction Offence Under Protection of Property Act / Trial Decision (acquittal)

Legal Issues

  1. 1 Whether defendants reasonably believed they had legal justification or permission to remain on premises under s.5(1) PPA
  2. 2 Whether the reception area was "in the vicinity of premises to which the public normally has access" under s.16(b) PPA
  3. 3 Whether the PPA provides a defence to the charged conduct

Ratio Decidendi

The defendants were acquitted because the trial judge found on the balance of probabilities that the defendant Kure reasonably believed she had legal justification to protest and the reception area qualified as "in the vicinity of premises to which the public normally has access" under s.16(b), so the PPA defence applied and prosecution could not stand.

Court Disposition

Acquittal entered for both defendants

Orders

  • Acquittal entered for Eleanor Kure
  • Acquittal entered for Kevin Smith