R. v. Gillis

R. v. Gillis

The Crown failed to prove, on the balance of probabilities, that reasonable steps had been taken under s.11(2) of the Statutory Instruments Act to bring Variation Order 1999-060 to the notice of gaspereau fishers given the misleading license condition; alternatively the elements of officially induced error were established because the defendant reasonably relied on erroneous written advice signed by a DFO licensing official; the appropriate remedy is a judicial stay of proceedings.

Citation
2001 NSPC 11
Parties
Prosecution: Her Majesty the Queen; Defendant: John James Gillis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 May 2001
Procedural Posture
Criminal Fisheries Act (s.79(a)) / Trial Decision (judicial Stay Entered)
Outcome
Judicial stay of proceedings
Legal Topics
Statutory Instruments Act S.11(2), Officially Induced Error, Promulgation of Variation Orders, License Conditions, Due Diligence
Source Language
English
Fisheries Law Administrative Law Criminal Law Statutory Interpretation Statutory Instruments Act S.11(2) Officially Induced Error Promulgation of Variation Orders License Conditions +1 more

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Parties

Her Majesty the Queen

Prosecution

John James Gillis

Defendant

Procedural Posture

Criminal Fisheries Act (s.79(a)) / Trial Decision (judicial Stay Entered)

Legal Issues

  1. 1 Whether the Crown proved compliance with s.11(2) of the Statutory Instruments Act regarding promulgation of Variation Order 1999-060
  2. 2 Whether the defence of officially induced error is available to the defendant

Ratio Decidendi

The Crown failed to prove, on the balance of probabilities, that reasonable steps had been taken under s.11(2) of the Statutory Instruments Act to bring Variation Order 1999-060 to the notice of gaspereau fishers given the misleading license condition; alternatively the elements of officially induced error were established because the defendant reasonably relied on erroneous written advice signed by a DFO licensing official; the appropriate remedy is a judicial stay of proceedings.

Court Disposition

Judicial stay of proceedings

Orders

  • Judicial stay of proceedings entered