Can a land surveyor have standing as an appellant in a summary conviction appeal?

Manitoba, Canada


The following excerpt is from Assn. of Manitoba Land Surveyors v. Manitoba Telephone System, 1993 CanLII 9352 (MB QB):

Assn. of Manitoba Land Surveyors v. Carefoot, supra, is a decision rendered pursuant to a summary conviction appeal. In that proceeding, the A.M.L.S. (the plaintiff in this action) appealed an acquittal on a charge laid under the Act. Oliphant J. (as he then was) dealt with the case on its merits, but noted, in an obiter comment, that the style of cause was not correct and that A.M.L.S. had no standing as an appellant or otherwise. In making that observation, he relied upon specific provisions of the Criminal Code. They, however, are merely reflections of the established principle that laws of this kind are for "public" not "private" enforcement.

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