R. v. Gemtec Ltd., 2004 NBQB 371 (CanLII)

This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

After Gemtec Ltd. ("Gemtec") and its principal, Mr. Lutes, were charged with offences under the federal Fisheries Act, the defendants filed a motion for non-suit. A Trial Judge granted the motion after finding that the limitation period in which the Crown could lay charges under the Fisheries Act had passed.

The Crown appealed the decision on the grounds that the Trial Judge had misinterpreted and misapplied the relevant provisions of the Fisheries Act, and had also erred in refusing to let the Crown reopen its case to enter a new piece of relevant evidence. After considering authoritative interpretations of the Fisheries Act, the New Brunswick Court of Queen’s Bench held that the Trial Judge had erred in her interpretation of the Act. It therefore allowed the Crown’s appeal and held that the Crown’s case against Gemtec and Mr. Lutes could proceed.

To read a related decision, go to R. v. Gemtec Limited, 2007 NBQB 199 (CanLII).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2004/2004nbqb371/2004nbqb371.html

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