Is Section 14(1) of the Regulations on Migratory Birds Protection and Migrations a new crime or a penalty?
Ontario, Canada
The following excerpt is from R. v. Chapin, 1977 CanLII 56 (ON CA):
From the Act and the Convention it is manifest that the subject-matter of the Regulations is the protection and preservation of migratory birds for the general benefit of the public. Section 14(1) is thus not creating a new crime, but in the public interest is prohibiting an act under a penalty: Sherras v. De Rutzen, supra, at p. 922.
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