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Cite as: R. v. Murray, 1992 NSCO 8 , CANADA PROVINCE OF NOVA SCOTIA COUNTY OF ANTIGONISH IN THE COUNTY COURT FOR DISTRICT NUMBER SIX BETWEEN: HER MAJESTY THE QUEEN -and- , WALLACE STANLEY MURRAY Ronald J. MacDonald, Esq., Solicitor for the Appellant Milton J. Veniot, Q.C., Solicitor for the Respondent 1992, October 1, MacLellan, J.C.C.: This is an appeal lJy the Dismissal issued by Judge Clyde Provincial Court, whereby he dismissed all three charges against the Respondent. The Respondent was charged as follows: "I. That he did on or about December, 1990, at or near Dunmaglass, Antigonish County, Nova Scotia, did C. AT. No. 2687 C. AT. No. 2688 C. AT. No. 2689 Appellant Respondent Crown from an Order of HacDonald, Judge of the the 14th day of unlawfully cornmi t the
, -2­ offence of hunting moose out of season contrary to Section 5(2), of the Moose Regulations. 2. That he did on or about December, 1990, at or near Dunmaglass, Antigonish County, Nova Scotia, did offence of possessing in a shotgun loaded with ball to the Regulations 4(5), Wildlife Regulations. 3. That he did on or about December, 1990, at or near Dunmaglass, Antigonish County, Nova Scotia, did offence of hunting moose out of season contrary to Section 5(2), of" the" Moose Regulations." The Crown filed and served regard to all three charges on the 10th day of May, and the matter came before this Court at which time the matter was September 22nd, 1992 to consider made on behalf of the Respondent the Charter of Rights. At the time of the hearing agreed between the parties that this appeal would be dealt wi th on the issues raised In one Lawrence Legere. This Court has rendered in that matter and that decision is attached hereto. In light of the ruling on the appeal of Mr. I hereby order a 5 tay of proceedings of the Charter of Rights. -~-:::::--. Judge Do~ as L. MacLellan County Distri the 14th day of unlawfully commit the a wildlife habitat or slug contrary the 14th day of unlawfully commit the a Notice of Appeal In 1991, on June 9th, 1992 set over for hearing on a Charter application under Section 11 (b) of of this matter, it was the appeal of a co-accused a decision Legere, under Section 24 (a) rt Judge Number Six
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