R. v. Rhyno

R. v. Rhyno

The court found the fisheries officers were conducting a lawful inspection under s.49 of the Fisheries Act with reasonable grounds to believe the M/V Dorion was connected to the fishery; under s.49(1.2)(b) a person found in the inspected place is obliged to provide information including identification; the officers lawfully arrested the defendant under s.50 when he refused and used proportionate force; evidence established assault and uttering threats, so findings of guilt on all charges were entered.

Citation
2002 NSPC 8
Parties
Prosecution: Her Majesty the Queen; Defendant: Victor William Rhyno
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 April 2002
Procedural Posture
Criminal / Decision (provincial Court Trial)
Outcome
Findings of guilt entered against Victor William Rhyno on all charges
Legal Topics
Obstruction, Resisting Arrest, Assault, Uttering Threats, Inspection Vs Search, Arrest Without Warrant, Identification Requirement
Source Language
English
Fisheries Law Criminal Law Regulatory Law Obstruction Resisting Arrest Assault Uttering Threats Inspection Vs Search +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 24 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Victor William Rhyno

Defendant

Procedural Posture

Criminal / Decision (provincial Court Trial)

Legal Issues

  1. 1 Whether fisheries officers had authority to detain and demand identification
  2. 2 Whether the defendant was legally obliged to comply with an identification demand
  3. 3 Whether the encounter constituted an inspection or a search

Ratio Decidendi

The court found the fisheries officers were conducting a lawful inspection under s.49 of the Fisheries Act with reasonable grounds to believe the M/V Dorion was connected to the fishery; under s.49(1.2)(b) a person found in the inspected place is obliged to provide information including identification; the officers lawfully arrested the defendant under s.50 when he refused and used proportionate force; evidence established assault and uttering threats, so findings of guilt on all charges were entered.

Court Disposition

Findings of guilt entered against Victor William Rhyno on all charges

Orders

  • Findings of guilt entered for obstruction contrary to s.62 of the Fisheries Act
  • Findings of guilt entered for wilfully resisting peace officers contrary to s.129(a) of the Criminal Code