Supreme Court of Canada

Robar v. The Queen, [1982] 2 S.C.R. 532

Date: 1982-10-06

Sheldon Clyde Robar Appellant;

and

Her Majesty The Queen Respondent;

and

The Attorney General for Ontario, the Attorney General of Quebec, the Attorney General for New Brunswick, the Attorney General for Saskatchewan and the Attorney General for Alberta Interveners.

File No.: 16397.

1982: October 6.

Present: Laskin C.J. and Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL OF NOVA SCOTIA

Constitutional law—Criminal law—Whether provincial enactment re obstructing a peace officer intra vires—Lands and Forests Act, R.S.N.S. 1967, c. 163, s. 205—Criminal Code, R.S.C. 1970, c. C-34 as amended, s. 118.

APPEAL from a judgment of the Nova Scotia Court of Appeal (1980), 1980 CanLII 2893 (NS CA), 43 N.S.R. (2d) 17, 81 A.P.R. 17, finding s. 205 of the Lands and Forests Act intra vires of the provincial legislature. Appeal dismissed.

Albert E. Bremner, for the appellant.

David G. Giovannetti and Robert Lutes, for the respondent.

Carol Creighton, Q.C., for the intervener the Attorney General for Ontario.

Jean-K. Samson and Odette Laverdière, for the intervener the Attorney General of Quebec.

J.T. Keith McCormick, for the intervener the Attorney General for New Brunswick.

Gregory G. Blue, for the intervener the Attorney General for Saskatchewan.

William Henkel, Q.C., for the intervener the Attorney General for Alberta.

[Page 533]

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear counsel for the respondent or counsel for the interveners. We are all of the opinion that the majority of the Nova Scotia Court of Appeal was correct in its conclusion that s. 205 of the Lands and Forests Act of Nova Scotia is valid provincial legislation and not superseded or rendered inoperative by s. 118 of the Criminal Code. This appeal must accordingly be dismissed.

Judgment accordingly.

Solicitor for the appellant: Albert E. Bremner, Bridgewater.

Solicitor for the respondent: David G. Giovannetti, Halifax.

Solicitor for the intervener the Attorney General for Ontario: The Ministry of the Attorney General for Ontario, Toronto.

Solicitors for the intervener the Attorney General of Quebec: Jean-K. Samson and Odette Laverdière, Ste-Foy.

Solicitor for the intervener the Attorney General for New Brunswick: J.T. Keith McCormick, Fredericton.

Solicitor for the intervener the Attorney General for Saskatchewan: Richard Gosse, Regina.

Solicitor for the intervener the Attorney General for Alberta: R.W. Paisley, Edmonton.