R. v. Abitibi Price Inc., 1995 CanLII 9870 (NL CA)

This case was heard in the Supreme Court of Newfoundland and Labrador (Court of Appeal).

The Crown charged Abitibi Price Inc. (“Abitibi”) with having violated the provincial Storage and Handling of Gasoline and Associated Products Regulations, but the Trial Judge quashed the charge after finding that the Province had no jurisdiction to enact the penalty provisions in the Regulations. The Province appealed to the Newfoundland and Labrador Court of Appeal, which held that rather than quashing the charges, the Trial Judge should have amended them so as to bring them within the Province’s jurisdiction. The Court therefore allowed the Crown’s appeal and remitted the matter for trial.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlca/doc/1995/1995canlii9870/1995canlii9870.html

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