R. v. Williams (1970), 2 N.S.R.(2d) 409 (CA)

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R. v. Williams

Indexed As: R. v. Williams

Nova Scotia Supreme Court

Appeal Division

McKinnon, C.J.N.S., Coffin and Cooper, JJ.A.

September 17, 1970.


Appeal Court allowed the appeal and directed that a conviction be entered against the accused for throwing cargo overboard after a signal was given to the accused while on this vessel to bring to, contrary to Section 7(c) of the Coastal Fisheries Protection Act.

Appeal Court held that Section 7(c) of the Coastal Fisheries Protection Act when read in the context of the whole of Section 7 is clear and unambiguous and the Court of Appeal rejected the interpretation placed on Section 7(c) by the County Court Judge.

Statutes – Topic 2603

Interpretation – Intention from whole of section or statute – Shipping – Charge of throwing cargo overboard after signal by government vessel to bring to – Coastal Fisheries Protection Act – (Nova Scotia Court of Appeal).

Statutes Noticed:

Coastal Fisheries Protection Act, S.C. 1952-53, c. 15, sect. 7(c), sect. 8.


J.M. Bentley and E.J. Flinn, for the appellant, Crown;

Alan J. Stern, for the respondent.

The judgment of the Court was delivered by Cooper, J.A.


R. v. Williams

(1970), 2 N.S.R.(2d) 409 (CA)

Supreme Court of Nova Scotia
Reading Time:
5 minutes
Coffin, Cooper, McKinnon 

: On December 8, 1969 the respondent was coming in to Eastern Passage in his vessel. He had been out hauling lobster traps and was alone in the vessel. Eastern Passage is on the Dartmouth side of Halifax Harbour.

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