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The Ontario Court of Justice lacks jurisdiction to hear appeals of federal Fisheries Act convictions prosecuted by Information.
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 convicted of failing to surrender off-road vehicle insurance as a driver.
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.
Decertification application dismissed; employer unlawfully discharged painter to eliminate construction employees on application date.
The Greater Essex County District School Board applied under section 127.2 of the Labour Relations Act to terminate the Painters' Provincial Collective Agreement, claiming it was a non-construction employer with no construction employees on the application date.
The union filed an unfair labour practice complaint, alleging the employer unlawfully laid off a painter days before the application to ensure no construction employees were working.
The Board found the layoff was a discharge motivated by a desire to facilitate the decertification application, violating sections 70 and 72(a).
Consequently, under section 1(2), the discharged painter was deemed an employee on the application date.
Furthermore, the Board found that another employee performing painting work on the application date was engaged in construction, not maintenance.
The decertification application was dismissed, and the unfair labour practice complaint was allowed.
Union certified under section 9.2 after employer committed unfair labour practices during organizing drive.
The union applied for certification and filed an unfair labour practice complaint against the employer, alleging intimidation and the retaliatory layoff of a key union supporter during an organizing drive.
The Ontario Labour Relations Board found that the employer violated the Labour Relations Act by interrogating and threatening one employee and abruptly laying off another upon discovering the union's presence.
Concluding that the employer's swift and severe actions made it unlikely that the true wishes of the employees could be ascertained, the Board granted certification under section 9.2 of the Act.
