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Regina v. Ojibway
Criminal Law Quarterly
137 Judicial Humour - Construction of a Statute
- Written by Sean Carroll, JD
Facts
[Editor’s note: This is a fictional, satirical Canadian case that appeared in a legal publication.] Fred Ojibway (defendant) used a feather pillow in lieu of a saddle while riding his pony. Ojibway’s pony then broke his leg, leading Ojibway to shoot it to put it out of its misery. The Crown (plaintiff) charged Ojibway with violating the Small Birds Act (the act), which prohibited harming small birds. The act defined a bird as a two-legged animal covered with feathers. The magistrate found Ojibway not guilty, ruling that the animal that Ojibway killed was a horse, not a bird. Ojibway appealed.
Rule of Law
Issue
Holding and Reasoning (Blue, J.)
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