Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 7 7 T he truth wins out for a former natural resources minister in New Brunswick. In a ruling from the province's court of appeal, Bruce Northrup was found not guilty of defaming Windsor Energy, a finding that overturns a lower court decision. At issue are comments Northrup, then a Progressive Conservative member of the legislative assembly and the province's natural resources minister, made in a 2011 news release. He stated that the energy company had broken the law by conduct- ing seismic testing without written autho- rization from the municipality. The firm initially admitted it conducted the testing in the town of Sussex, but it later argued that the municipal boundaries may not be the same as they originally thought. It was an argument the court dismissed. The entirety of the litigation had pro- ceeded upon the basis of the respondent's admission — in the initial statement of claim and its many amendments — that it conducted seismic testing within the municipal boundaries, Justice Kathleen Quigg noted in her 28-page decision. "They are, therefore, deemed to have admitted the truth of these facts." The court also rejected the claim that the company's admission was inadvertent. "When an admission has been main- tained throughout the proceedings, such as in this case, it is difficult to plead inadver- tence," wrote Quigg. Credibility was a critical factor. "It is not credible for sophisticated parties such as the respondents, who deal with this type of testing regularly, to suggest they had not mapped out where they would be under- taking the testing in 2011," stated Quigg. "Nor is it credible for the respondents to now say they had no method to determine where the seismic testing had occurred until consulting a surveyor in 2017, a sur- veyor who had no personal knowledge of the testing that occurred in 2011." The appeal court disagreed with the motion judge's determination that autho- rization from the municipality was not required in these specific testing circum- stances. The appeal court found that when the regulation is read in its entire context, including its enabling legislation, it is clear the purpose of the Oil and Natural Gas Act is to require consent from the full range of parties that may be impacted by the work. "This purpose leads to an inclusive interpretation," Quigg wrote. "If a geo- physical permittee is working within a municipality and within a highway right-of-way, the interests of both the municipality and the District Transpor- tation Engineer are engaged such that the consent of both are required." — DONALEE MOULTON REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T LACK OF SHERIFFS FRUSTRATING JUDGES F or many prisoners — and the lawyers, judges and visitors waiting on their appearance — the few minutes it should take to be escorted from a holding area to an upstairs Dartmouth, N.S. courtroom has stretched into hours. Now, at least two frustrated judges have taken steps to ensure the issue is addressed. In what is believed to be a first, Provincial Court Judge Daniel MacRury stayed shoplifting charges against two individuals. Sheriffs have "had an hour and a half to bring them here. The charges have stayed — a judicial stay — because the state is not prepared to bring them before the court," he said from the bench. MacRury also demanded the sheriffs' supervisor be brought before him within five minutes or risk a contempt of court charge. The transport delays, the supervisor told the court, were the result of a lack of staff. If there are not enough sheriffs to escort prisoners, then the police will do it, Pro- vincial Court Judge Frank Hoskins subsequently warned. "I'm not going to delay the court for hours," he said. "You don't have enough people, you can't fulfil the require- ments, then under that [required] act, I'm going to invoke it." Hoskins also said he would stay charges if necessary. At least two sheriffs are generally required to escort prisoners to a courtroom, but a shortage of law enforcement staff has led to delays. Lawyers have also found the staff shortage to be an issue. One defence attorney was denied access to meet with his cli- ent at the courthouse because sheriffs could not accommodate the visit. This situation is expected to change. According to the Department of Justice Can- ada, 23 employees were recently hired by the sheriff 's office and more are expected to be brought on board. The two-person transport policy may also be replaced. Discus- sions have been held regarding using only one guard to escort non-dangerous offend- ers as is done elsewhere in Canada. — DM Former NB minister not guilty of defamation

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