Kevin Elliott

Appellants appealed their convictions and sentences for offences under the Fisheries Act and Ontario Fishery Regulations.

The preliminary issue concerned whether the Ontario Court of Justice had jurisdiction to hear the appeal.

The Crown argued the charges were federal and subject to Criminal Code summary conviction procedures, requiring appeal to the Superior Court of Justice.

The appellants argued the Provincial Offences Act provided concurrent jurisdiction.

The court held that the charges were federal in nature and the Provincial Offences Act has no application to federal offences.

The appeal was quashed for lack of jurisdiction.

The defendant was charged with failing to surrender evidence of insurance for an off-road vehicle within seventy-two hours of a peace officer's request, contrary to section 15(4) of the Off-Road Vehicle Act.

The defendant claimed he was an occupier of Crown land under a 21-day free use permit and therefore exempt from the requirement.

He also raised Charter issues regarding unlawful detention, breach of the right to remain silent, and unlawful search.

The court found that the defendant was not a legal occupier of the Crown land, that his arrest was lawful, and that while a search of his saddle-bag breached his Charter rights, no evidence was seized.

The court found the defendant guilty of the included offence under section 15(3) of the Off-Road Vehicle Act as the element of ownership could not be proven beyond a reasonable doubt.