R. v. English, 2003 NLSCTD 50
This case was heard in the Supreme Court of Newfoundland and Labrador, Trial Division.
Three Métis Defendants were charged with unlawfully fishing, dangerous use of a vessel, and obstructing a fisheries officer, which were offences under the federal Fisheries Act and the Criminal Code of Canada.
The Provincial Court judge who was assigned to hear the trial had agreed to postpone the trial until the Supreme Court of Canada delivered its decision in R v Powley, 2003 SCC 43 (CanLII) ("Powley"), because the Supreme Court of Canada's decision would have bearing on the defences that the Defendants planned to raise at trial.
After the trial judge agreed to postpone the trial, the Crown appealed to the Supreme Court of Newfoundland and Labrador and asked the Court to order the trial judge to proceed with the trial rather than waiting until the Supreme Court of Canada's decision in Powley was handed down. The Crown argued that the Supreme Court of Canada's decision in Powley would only be relevant to the Fisheries Act offences and not the Criminal Code Officences.
The Supreme Court of Newfoundland and Labrador disagreed with the Crown's argument and held that the Supreme Court of Canada's decision in Powley could be relevant to all of the offences. The Court held that the trial judge had the authority to postpone a trial if the circumstances demanded it, and the Court found no reason to order the trial judge to proceed right away. For these reasons, the Court refused to grant the order that the Crown had requested.
View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/2003/2003nlsctd50/2003nlsctd50.html
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