R. v. Griebel

R. v. Griebel

The court defined "disorderly behavior" under the Act as conduct that disrupts the peaceable enjoyment and operation of property in a manner that disturbs the occupier; applying that definition and resolving credibility against the accused, the court found Griebel's conduct met the statutory standard and convicted her under s.7(b).

Citation
2014 NSPC 48
Parties
Crown: Her Majesty the Queen; Defendant: Margaret Griebel
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 July 2014
Procedural Posture
Criminal (summary Conviction) / Trial Decision
Outcome
Convicted
Legal Topics
Disorderly Behaviour, Protection of Property Act, Occupier, Credibility Findings, Statutory Construction
Source Language
English
Criminal Law Property Law Statutory Interpretation Disorderly Behaviour Protection of Property Act Occupier Credibility Findings Statutory Construction

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Parties

Her Majesty the Queen

Crown

Margaret Griebel

Defendant

Procedural Posture

Criminal (summary Conviction) / Trial Decision

Legal Issues

  1. 1 Meaning of "disorderly behavior" under s.7(b) of the Protection of Property Act
  2. 2 Whether Griebel's conduct disturbed the occupier and thus contravened s.7(b)
  3. 3 Credibility of witnesses and whether defence evidence raises reasonable doubt

Ratio Decidendi

The court defined "disorderly behavior" under the Act as conduct that disrupts the peaceable enjoyment and operation of property in a manner that disturbs the occupier; applying that definition and resolving credibility against the accused, the court found Griebel's conduct met the statutory standard and convicted her under s.7(b).

Court Disposition

Convicted

Orders

  • Convicted of disturbing an occupier by disorderly behaviour contrary to s.7(b) of the Protection of Property Act R.S., c.363