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Motion for leave to appeal provincial offences convictions dismissed for failing to raise questions of law alone.
The moving party, an outdoor recreational alliance, sought leave to appeal its convictions under the Public Lands Act and the Fish and Wildlife Conservation Act arising from a public protest where members cleared a decommissioned road on Crown land.
The Court of Appeal dismissed the motion for leave to appeal, finding that the proposed grounds of appeal did not raise questions of law alone, nor were they essential in the public interest or for the due administration of justice as required by section 131 of the Provincial Offences Act.
The court upheld convictions and fines for organizing civil disobedience to access restricted Crown land.
Appeals from convictions and sentences imposed on a corporation and individual for offences related to unauthorized access to Crown land and trespass for fishing purposes.
The appellants organized a public protest and removed trees that had been felled by the Ministry of Natural Resources to restrict access to Oswald Lake.
The court upheld the convictions, finding that the Ministry lawfully restricted access under the Public Lands Act and that the appellants were parties to the offences committed by others.
The court also upheld the sentence, finding no error in principle regarding the failure to inquire into financial ability to pay and determining the fine was not demonstrably unfit given the circumstances of organized civil disobedience.
