Date: 19980327 Docket: C.A.C. 142904
NOVA SCOTIA COURT OF APPEAL
Cite as: R. v. Prouty, 1998 NSCA 92
Bateman, Hart and Flinn, JJ.A.
BETWEEN:
CRAIG PHILLIP PROUTY ) S. Clifford Hood, Q.C.
) for the Appellant
Appellant )
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- and - )
) Michael A. Paré
) for the Respondent
HER MAJESTY THE QUEEN )
)
Respondent ) Appeal Heard:
) March 27, 1998
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) Judgment Delivered:
) March 27, 1998
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THE COURT: Leave to appeal denied per oral reasons for judgment of Flinn, J.A.; Hart and Bateman, JJ.A. concurring.
FLINN, J.A.: (Orally)
This appeal, from the decision of Justice Haliburton, sitting as a summary conviction appeal court judge, is governed by s. 839(1) of the Criminal Code of Canada, R.S.C. 1985, c. C-46. The appeal requires the leave of this Court, and it is limited to a question of law alone.
The appellant was convicted by Provincial Court Judge Prince, by virtue of the appellant’s ownership and operation of the fishing vessel “Prouty Boys”, of having undersized lobster in his possession contrary to the Regulations made under the Fisheries Act, R.S.C. 1985, c. F-14. Justice Haliburton dismissed the appellant’s appeal from that conviction.
We are of the opinion that there is no merit to this appeal. With respect to the appellant’s first two grounds of appeal, Justice Haliburton made no error in law in rejecting the appellant’s appeal from the decision of Judge Prince. The appellant’s third and fourth grounds of appeal could have been raised, and were not raised, before Justice Haliburton. Quite apart from the fact that these grounds of appeal are, therefore, not properly before us, in our opinion, they have no merit in any event.
Leave to appeal is denied.
Flinn, J.A.
Concurred in:
Hart, J.A.
Bateman, J.A.
C.A. No. 142904
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
CRAIG PHILLIP PROUTY
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
HER MAJESTY THE QUEEN )
) FLINN, J.A.
) (Orally)
Respondent )
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