Ahousaht Indian Band and Nation v. Canada (Attorney General), 2018 BCSC 218

In Aboriginal Rights/Defences, Fish Cases on (Updated )

INTRODUCTION This case involved a claim by five Nuu-chah-nulth First Nations with territories situated on the west coast of Vancouver Island to a wide range of aboriginal fishing rights over a large geographical area including submerged lands extending 100 nautical miles into the ocean and rivers. After a lengthy trial, in 2009 the trial court: (1) granted a judgement declaring …

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Griffin v. R, 2017 PESC 11

In By Licence Holders and Employers, Due Diligence, Fish Cases, Offences on (Updated )

Section 78.4 of the Fisheries Act provides that: “In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person in respect of any matter relating to any operations under a lease or licence issued to the accused pursuant to this Act or the regulations, whether or …

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R v. McNeill Fishing Ltd.

In Fish Cases, Fisheries Practice, Miscellaneous, Offences on (Updated )

Section 71(2) of the Fisheries Act provides that “. . . a court may order any . . . thing seized under this Act to be returned to the person from whom it was seized if security is given to Her Majesty in a form and amount satisfactory to the Minister.” In this case, the owner of two seized prawn …

Gillett v. Canada and Hurley, 2017 FC 574

In Fish Cases, Judicial Review/Crown Liability on (Updated )

In response to increasing fishing pressure in the capelin fishery, in 2007 Fisheries and Oceans Canada (“DFO”) imposed a management measure that only allowed capelin licence holders to fish in one management area per year. As a result, licence holders in the Newfoundland region who leased their capelin fishing vessels to licence holders in another region, were not permitted to …

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Gavin v. R, 2017 PESC 6

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a charge of fishing for lobster in a closed area. The accused’s fishing vessel was observed by a surveillance aircraft using (1) a state of the art camera, (2) a very high-powered telescope, (3) a software program that enhanced the live video, (4) radar assisted/integrated info software, (5) forward looking infrared radar, and (6) a 6,000,000 candlepower …

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R v. Dudoward et al.

In Due Diligence, Fish Cases, Offences on (Updated )

Four vessel operators were charged with gill net fishing for salmon in a closed area after drifting from an open area into a closed area. The open area was open to fishing for a number of different species of salmon but closed for chum salmon because there was a run of chum salmon in the vicinity that was endangered. The …

Anglehart v. Canada, 2016 FC 1159

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This cased involved a complaint by one group of snow crab fish harvesters who objected to the Minister reducing the quota in their area by 35 per cent. After rejecting a number of grounds of review, the court imposed liability based upon the tort of misfeasance in public office. In doing so, the court remarked that unlike a number of …

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Elson v. Canada (Attorney General), 2017 FC 459

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved judicial review of a decision by the Minister of Fisheries (based upon a recommendation of the Atlantic Fisheries Appeal Board) to deny the Applicant’s appeal in which he sought an exemption from the Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries policy (“PIIFCAF Policy” or Policy). BACKGROUND In 2007 the Minister of Fisheries introduced …

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R v. Harris, 2016 CanLii 81499

In Due Diligence, Fish Cases, Offences on (Updated )

This case involved a crab fishing vessel that was required under its licence to have the licence holder or a designated operator on board the fishing vessel at all times when fishing and offloading. When the licence holder could not be on board the fishing vessel because of health reasons, she and her son attempted to have a new crew …

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