R. v. New Brunswick Power Corporation, 1994 CanLII 10040 (NB QB)

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

After the New Brunswick Power Corporation ("NB Power") was charged with having failed to comply with the terms and conditions of a permit that it held, and with having therefore violated New Brunswick Regulation 90-80 and committed an offence under the provincial Clean Water Act, NB Power argued that the Provincial Court had no jurisdiction to hear the matter. According to NB Power, the combined effect of New Brunswick Regulation 90-80 and the relevant provisions of the Clean Water Act created a strict liability offence, whereas the Clean Water Act was supposed to create absolute liability offences for corporations like NB Power.

After a Trial Judge held that Regulation 90-80 and the relevant provisions of the Clean Water Act were not in conflict, NB Power filed an order asking for the Judge’s decision to be quashed. The New Brunswick Court of Queen’s Bench dismissed the application, holding that the Trial Judge’s decision was within the scope of his jurisdiction.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1994/1994canlii10040/1994canlii10040.html

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