The accused was apprehended lobster fishing at a wharf located within an area closed to fishing for lobster. The trial court acquitted the accused on the grounds that the Crown failed to prove beyond a reasonable doubt the location where the accused had been fishing. On appeal, the P.E.I. Supreme Court set aside the acquittal and convicted the accused on …
Full SummaryR v. Skinner, 1997 CanLII 14697
This case involved a vessel fishing for cod by Otter Trawl. The evidence was that the vessel had caught 60,000 lbs. of cod in a open area, but could only take 25,000 lbs. into its tanks at a time. While the first 25,000 lbs. was being processed, the cod end of the net was put back into the water to …
Full SummaryR v. Nickerson, 1997 CanLII 2809
This case involved a string of 30 tagless traps with 5 traps at the end of the string with tags attached which had been issued to the accused. The Appeal Court upheld the conviction which was based primarily on circumstantial evidence.
Full SummaryR v. Jackson, 1997 CanLII 1539
This case involved proof that a fisher has exceeded his allowable catch of haddock by way of circumstantial evidence. The Court of Appeal adopted R. v. Jenkins (1908), 14 C.C.C. 21 (B.C.C.A.) and confirmed that the accused does not have to explain away suspicious circumstances.
Full SummaryR v. Harding, 1997 CanLII 14641
This case involved the issue of whether or not the definition of "angling" in the Newfoundland Fishery Regulations was mutually exclusive of the definition of "foul hooking or jigging in the same regulations". The Trial Judge and the first level of appeal held that they were mutually exclusive and acquitted the accused because he was in possession of a fish …
Full SummaryR v. Glynn, St. J. No. 1757 (NFLD. S.C.)
On a summary conviction appeal, the court confirmed that upon receiving a request from D.F.O., an agent hired by the owner of a fishing vessel to monitor offloading of fish, has an obligation to report catch information to D.F.O. Counsel for the Crown: Anne Fagan Counsel for the Accused: Robert Buckingham
Full SummaryR v. Gateway, M.J. No. 185 (Man. Prov. Ct.)
This case involved a motion to quash 10 of 13 counts of an information. The motion was successful in quashing a number of counts on the basis that they did not state the location of the offence so as to give the court territorial jurisdiction. The motion was unsuccessful in quashing counts of the information which alleged an offence continued …
Full SummaryR v. Feltham, No. G-127 (NFLD. S.C.) (Easton J.)
This was a summary conviction appeal of an acquittal of a charge of unlawfully fishing with a purse seine. The main issue of the case was whether the accused was fishing with a bar seine for which he held a valid licence, or a purse seine for which he did not. Given the fact that the definition of purse seine …
Full SummaryR v. Chute, 1997 CanLII 1405
This case involved a fisher who was charged with failing to permit an observer to go on board his vessel. He was convicted at trial level and acquitted by a summary conviction appeal court. Mr. Justice Roscoe, for the Court of appeal restored the conviction of the trial court and held as follows: 1) section 46 of the regulations gave …
Full SummaryR v. Ardley, 1998 CanLII 4202
This case involved a charge under section 61(1)(a) of the Fisheries Act for failing to provide answers to information requests from the Department of Fisheries and Oceans. The accused was convicted at the Provincial Court level and acquitted on a summary conviction appeal. Upon further appeal, the conviction was restored on the grounds that it was intended by Parliament that …
Full Summary