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

R. v. Dawe, 2019 CanLii (N.L. Prov. Ct.)

In Miscellaneous on

This case involved a fishing vessel that was purse seining for capelin.  In this fishery, the most common method of estimating the weight of one’s catch is to use baffle boards.  On the day in question, the accused’s vessel was using this method. The seine net was off the starboard side of the vessel and the captain was using a …

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 …

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 …

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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R v. McKinnell Fishing Ltd., 2016 BCCA 472

In Fish Cases, Miscellaneous, Offences on (Updated )

This case was summarized by the Court of Appeal as follows: "The appellant crabbing company was found guilty of “fishing for” crabs in closed waters, contrary to the Fisheries Act, R.S.C. 1985, c. F 14. It argues that the phrase “fishing for” in s. 2 of the Fisheries Act does not include the act of raising crab traps from the …

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R v. Strickland, 2016 CanLII 2781 (NL PC)

In Due Diligence, Fish Cases, Miscellaneous, Offences, Search and Seizure on (Updated )

This case involved a fisheries officer and two fisheries guardians who were conducting a patrol in a Zodiac when they observed the accused in his dory. Although they were some distance away, they thought they observed him fishing. The fisheries officer motioned for the accused to come over to the fishing vessel, but instead the accused drove his dory on …

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R v. Martin, 2016 NSPC 14

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

The summary as included in the judgement is as follows: Beginning in 1994 and in each ensuing year the federal Department of Fisheries and Oceans entered into Agreements with the Waycobah First Nation concerning, among other things, a food, social and ceremonial fishing allocation to members of that aboriginal community. These Agreements emanated from an Aboriginal Fishing Strategy created in …

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