Provincial Court

Decision Information

Decision Content

IN THE PROVINCIAL COURT OF NOVA SCOTIA

Cite: R. v. Rideout, 2003 NSPC 5

Between:                               

Her Majesty the Queen

 

  v.

 

Ricky Kenneth Rideout

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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.

 

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