The following is the judgment delivered by
THE COURT—The constitutional question to be answered in this appeal is as follows:
Is Section 50(1) of the Fish and Wildlife Act, Statutes of New Brunswick, 1980, Chapter F-14.1 which creates an offence of careless hunting, ultra vires the Legislature of the Province of New Brunswick or inoperative to any extent by virtue of Section 84(2) of the Criminal Code of Canada, as enacted by the Statutes of Canada 1976-7, Chapter 53, Section 3?
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It is the unanimous opinion of the Court that the constitutional question should be answered in the negative, and that accordingly, this appeal should be dismissed, for the reasons given by the Honourable Mr. Justice LaForest in the Court of Appeal of New Brunswick. In so doing, the Court does not reach any conclusion with reference to the constitutional qualities of s. 104(2)(c) or the effect, if any, of that provision upon the constitutional standing of s. 50(1). It was only in oral argument before this Court that reference was made to s. 104(2)(c) of the statute as support for an attack on the constitutionality of s. 50(1).
Appeal dismissed.
Solicitors for the appellant: Angers & McLaughlin, Edmundston.
Solicitor for the respondent: Keith McCormick, Fredericton.
Statutes and regulations cited
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- Section 84(2)
- Section 3
- s. 104(2)(c)
- s. 50(1)
-
Unresolved citations
- s Section 50(1) of the Fish and Wildlife Act