This is a fairly lengthy decision involving a large number of counts of allegations of intentional illegal fishing. The accused was convicted of all but two of the counts primarily on the basis of texts taken from a cell phone in his possession at the time of arrest.
Full SummaryR v. v. Crane
This case involved four charges including a charge of possession of undersized lobster. The issue in this case was whether the Department of Fisheries (DFO) breached the accused’s charter rights by failing to provide the accused with an adequate photographic record of the measuring of the undersized lobster that were returned to the sea after being measured. In concluding that …
R v. Reid and Gladstone, 2006 BCPC 219
This case involved charges of offering to sell sablefish not caught under the authority of a aboriginal fishing licence. Given a total delay of 63 months and an unjustified delay of at least three years along with prejudice to the accused’s security of person, a stay of proceedings was granted.
Full SummaryR v. Legge, 2011 CANLII 54512
R v. Lavhey, 2011 CarswellNfld 239
R v. Shears, 2011 CarswellNfld 224
R v. McDonald, 2011 BCPC 75
R v. Vinh Van Vuong, Delta Prov. Ct. No. 24988
The accused was charged with failing to return undersized crabs to the water " forthwith" . Because the crew were busy hauling traps off of the ground line, undersized crabs remained out of water for periods of 5 to 30 minutes before being measured and returned. The Court reviewed some of the definitions of " forthwith" and concluded that the …
Full SummaryR v. William David Sam, (Port Alberni Registry No. 17874) (B.C.S.C.)
In this case the accused was charged under the British Columbia Sports Fishing Regulations with a number of offences including snagging, and not having a sport fishing licence. In the regulations, "sport fishing" was defined as " fishing for recreational purposes" . The accused was convicted at trial. He appealed on the grounds that it had not been proven he …
Full SummaryR v. Robert E. Morreau, No. CA020828 (B.C.C.A.)
In 1994 there was a blanket ban on herring fishing for the entire west coast. This ban was modified on rare occasions to allow fishing. During a 23 minute opening in an area near Comox the accused was charged with fishing outside the open area. The order opening the area for fishing described the boundaries of the area by reference …
Full Summary