No conviction, exemption from prosecution
175(1)Where it is made to appear to the judge before whom a complaint under this Act is heard that the person charged was acting as a peace officer, whose duty it was to enforce this Act, or was acting under the instructions or authority of the Minister or the chief of a police force, for the purpose of enforcing any provision of this Act and of obtaining evidence upon which any person might be brought to justice, the defendant shall not be convicted.
175(2)Where upon a prosecution under this Act or under any regulation, it appears from the evidence of any witness that the witness was unlawfully present at the time or place at which the offence was committed or did unlawfully procure or attempt to procure liquor at the time and place, the judge before whom the prosecution is brought may, having regard to the demeanor of the witness and his mode of giving evidence, by certificate in that behalf, exempt the witness from prosecution for his unlawful act; but no such exemption shall be granted to any person charged with the unlawful keeping for sale or other disposal of liquor, or to the keeper or occupant of premises upon which the offence in respect of which the prosecution is brought, is alleged to have been committed.
1961-62, c.3, s.160; 1967, c.38, s.2; 1974, c.26Â (Supp.), s.33; 1981, c.59, s.31; 1987, c.6, s.56; 1987, c.32, s.4; 1989, c.20, s.82; 1992, c.90, s.101