Citation: R. v. Briand, 2003 NSCA 94
Date: 20030924
Docket: CA 177599
Registry: Halifax
Between:
Troy Briand
Appellant
v.
Her Majesty the Queen
(Public Prosecution Service Department of Justice)
Respondents
Judge: Hamilton, J.A.
Appeal Heard: September 15, 2003
Subject: Protection of Property Act
Summary: Mr. Briand appealed a decision of a Supreme Court Chambers judge refusing to set aside two notices issued to him under the Protection of Property Act.
Issue: Did the chambers judge err in refusing to set aside these notices?
Result: Appeal dismissed. The Protection of Property Act does not expressly provide for an attack on the validity of a notice issued pursuant to it. Even if such a process exists, Mr. Briand has not satisfied the burden which would be on him to adduce evidence or otherwise satisfy the court that the notices were not issued in accordance with the Act or that they suffer from any other defect. Notwithstanding that Mr. Briand was prevented by these notices from attending at the premises without legal justification, he is free to communicate by other means with persons at these places.
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