Search and Seizure - Admiralty Law

These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

R v. Q.M.P. Fisheries Ltd. et al, 2001 BCPC 210

In Aboriginal Rights/Defences, Fish Cases, Offences, Search and Seizure on July 16, 2012 (Updated July 16, 2012)

This case involved charges of buying and selling salmon caught under the authority of a food fishing licence. This judgment was a ruling on a voice dire concerning the admissibility of documents seized under the authority of two search warrants issued under s. 487 of the Criminal Code. The court reviewed the affidavits filed in support of the affidavits and …

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Aboriginal Rights and Defences - Roadside Inspection for Game - Whether breach of s. 7 & 10(b) charter rights to search and take statement after conservation officer had reasonable and probable grounds

R v. Rice, 2009 BCCA 569

In Aboriginal Rights/Defences, Fish Cases, Offences, Search and Seizure on July 13, 2012 (Updated July 13, 2012)

This case involved charges of illegal hunting and possession of moose by three aboriginal hunters. Although not a fisheries case, it is relevant to fisheries prosecutions because (1) it involved an inspection under s. 95 of the B.C. Wildlife Act, which is similar to an inspection under s. 49 of the federal Fisheries Act; (2) it applied the test formulated …

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