R. v. Corporation of the Town of Fort Erie
Where the evidence is insufficient to prove the charge beyond a reasonable doubt, the correct appellate options were to uphold the acquittal or to enter a conviction based on findings; ordering a new trial in the face of demonstrable evidentiary gaps was an error. The Court allowed the appeal, set aside the order...
Source-derived case information.
- Citation
- C29087
- Parties
- Respondent: Her Majesty the Queen (Ontario Ministry of Environment and Energy); Appellant: The Corporation of the Town of Fort Erie
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 July 1998
- Procedural Posture
- Criminal / Appeal to the Court of Appeal From Provincial Court Decision (review of Acquittal and Order for New Trial)
- Outcome
- Appeal allowed; order for new trial set aside; acquittal restored; no order as to costs.
- Legal Topics
- Acquittal, Insufficiency of Evidence, Standard of Proof Beyond Reasonable Doubt, New Trial, Appellate Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen (Ontario Ministry of Environment and Energy)
Respondent
The Corporation of the Town of Fort Erie
Appellant
Procedural Posture
Criminal / Appeal to the Court of Appeal From Provincial Court Decision (review of Acquittal and Order for New Trial)
Legal Issues
- 1 Whether the respondent proved the offence beyond a reasonable doubt
- 2 Whether ordering a new trial was appropriate where the evidence was deficient and the justice of the peace acquitted
Ratio Decidendi
Where the evidence is insufficient to prove the charge beyond a reasonable doubt, the correct appellate options were to uphold the acquittal or to enter a conviction based on findings; ordering a new trial in the face of demonstrable evidentiary gaps was an error. The Court allowed the appeal, set aside the order for a new trial and restored the acquittal.
Court Disposition
Appeal allowed; order for new trial set aside; acquittal restored; no order as to costs.
Orders
- Appeal allowed
- Order for new trial set aside
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Corporation of the Town of Fort Erie Collection Decisions of the Court of Appeal Date 1998-07-15 Docket numbers C29087 Judges McMurtry, Roy; Labrosse, Jean-Marc; Abella, Rosalie Silberman Subject Criminal Decision Content DATE: 19980715 DOCKET: C29087 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (ONTARIO MINISTRY OF ENVIRONMENT AND ENERGY) (Respondent) and THE CORPORATION OF THE TOWN OF FORT ERIE (Appellant) BEFORE: McMURTRY C.J.O., LABROSSE AND ABELLA JJ.A. COUNSEL: P. Douglas Petrie and Marc McAree for the appellant J. G. Herlihy for the respondent HEARD: July 8, 1998 ENDORSEMENT [1] The justice of the peace found that the respondent had not presented sufficient evidence to satisfy the requirements of the charge. The Provincial Court judge did not impugne this conclusion of the justice of the peace. He appeared to come to the same conclusion when he concluded that there are "wide open spaces" in the evidence and he was unable or unwilling to enter a conviction. Independently of any error of interpretation on the part of the justice of the peace, both courts appear to have come to the same conclusion that the respondent had failed to prove the charge beyond a reasonable doubt. [2] In any event, Justice Gowan was invited by counsel either to uphold the acquittal or, based on the evidence and the findings of the fact by the justice of the peace, to enter a conviction. In our view, these were the two options properly open to him. In ordering a new trial, particularly in view of the comments regarding the gaps in the evidence, he erred. [3] The appeal is therefore allowed, the order for a new trial is set aside and the acquittal is restored. In the circumstances, there should be no order as to costs.