R. v. Ai

R. v. Ai

The statutory phrase requires the summons and information portions of a ticket to collectively meet the five requirements of s.79.7(2); the trial judge erred in treating the requirements as applying separately to each portion. The summons here did contain the required statement about pleading not guilty, the illegibility of a digit did not invalidate the ticket, and any defect in the summons was moot once the accused attended court. Therefore the order quashing the ticket information was set aside.

Citation
2014 BCSC 1350
Parties
Crown: Regina; Accused/respondent: Rui Hua Ai
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 July 2014
Procedural Posture
Criminal Appeal (ticket Under Fisheries Act / Sport Fishing Regulations) / Appeal to the Supreme Court of British Columbia From a Provincial Court Order Quashing a Ticket Information
Outcome
Appeal allowed; order quashing the ticket information set aside
Legal Topics
Ticket Information, Summons, S.79.7(2) Fisheries Act, Quashing of Information, Strict Construction of Penal Statutes, Standard of Review
Source Language
English
Criminal Law Regulatory Law Fisheries Law Statutory Interpretation Procedural Law Ticket Information Summons S.79.7(2) Fisheries Act +3 more

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Parties

Regina

Crown

Rui Hua Ai

Accused/respondent

Procedural Posture

Criminal Appeal (ticket Under Fisheries Act / Sport Fishing Regulations) / Appeal to the Supreme Court of British Columbia From a Provincial Court Order Quashing a Ticket Information

Legal Issues

  1. 1 Whether s.79.7(2) of the Fisheries Act requires each of the summons and information portions of a ticket to individually contain all five prescribed items or whether the two portions may collectively satisfy the requirements
  2. 2 Whether the summons complied with s.79.7(2)(e) by informing the accused of the requirement to appear if disputing the ticket
  3. 3 Whether illegibility of a handwritten digit in the voluntary fine renders the summons or information a nullity

Ratio Decidendi

The statutory phrase requires the summons and information portions of a ticket to collectively meet the five requirements of s.79.7(2); the trial judge erred in treating the requirements as applying separately to each portion. The summons here did contain the required statement about pleading not guilty, the illegibility of a digit did not invalidate the ticket, and any defect in the summons was moot once the accused attended court. Therefore the order quashing the ticket information was set aside.

Court Disposition

Appeal allowed; order quashing the ticket information set aside

Orders

  • Appeal allowed
  • Order of the Provincial Court dated September 27, 2013 quashing the ticket information is set aside