IN THE PROVINCIAL COURT OF NOVA SCOTIA
Cite: R. v. Rideout, 2003 NSPC 5
Between:
Her Majesty the Queen
v.
Ricky Kenneth Rideout
______________________________________________________________________________
LIBRARY SHEET
[Cite as: R.v.Rideout,2003NSPC005]
_______________________________________________________________________________
Judge: Judge A.P. Ross
Heard: at Sydney, N.S., before the Honorable Judge Peter Ross on October 16, 2002 and January 16th, 2003
Decision: March 18, 2003
Subject: Charter - Freedom of Expression - Protection of Property Act - resisting arrest
per s. 129 Criminal Code.
Issue: Was the Defendant’s mistaken belief, whether it was one of fact or of law, honest and reasonable in all the circumstances? Defenses of due diligence and officially induced error considered.
Summary: The Defendant, a displaced ground fisher fishing under a temporary crab allocation, set traps outside the perimeter of an area described in a condition of his license. This description, as worded, required knowledge of a larger division, defined by Regulation from which the area was derived. There was no apparent attempt to hide the location of his fishing activity. The Defendant contended that the description of the area wherein he was permitted to fish was vague and misleading. He was charged with contravening a condition of his license, and thus committing an offence under the governing Regulations and S. 78 of the Fisheries Act.
Finding: While there was an evidentiary basis for an honest belief, the Defendant failed to establish that his belief was also reasonable. The area as described in the condition of license could be ascertained through usual rules of grammatical construction and presumed knowledge of the larger division created and defined by Regulations made under the Fisheries Act. Defendant found guilty of the offence.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.