Martin Peter Holzbauer v. Attorney General of British Columbia

(British Columbia) (Criminal) (By Leave)


Canadian charter (Criminal) - Freedom of religion (s. 2(a)), Fundamental justice (s. 7), Criminal law - Charter of Rights — Freedom of religion — Fundamental justice — Criminal law — The question in issue and not yet adjudicated involves the non-compliance of s. 1 of the Charter by state agents (Regional District of Kitimat-Stikine) and the violations of the applicant’s s. 2(a) and s. 7 Charter rights — ss. 1, 2(a), 7 of the Charter of Rights and Freedoms.


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The applicant has been in a protracted dispute with the Regional District of Kitimat-Stikine stemming from three convictions for bylaw infractions, one in 2014 and two in 2017. Justice Punnett dismissed the applicant’s Charter application. An application to quash an appeal was brought by the Attorney General of British Columbia. The Court of Appeal granted the Attorney General of British Columbia’s application, and held that it did not have the jurisdiction to hear the applicant’s appeal.