This case involved charges against a ground fish cod fisherman for continuing to direct for skate or monkfish after landing catches in excess of his by-catch allowance. The issue was whether or not he had a defence of reasonable and honest mistake of fact. The evidence was that although the accused had been fishing for 10 years, this was the …
Full SummaryR v. Boutcher, 2001 NFCA 33
This case involved a cod fisherman who after his quota had been exhausted, used a fishing vessel licensed in his name to assist his brother in fishing his cod quota. This assistance included the following: 1) Transporting his brother across open waters to a location where the brother’s smaller vessel was tied up; 2) Removing cod from a cod bag …
Full SummaryR v. Morgan, [2002] N.J. No. 15 (Nfld & Labrador P.C.)
This case involved a charge of violating a condition of a fishing licence, namely failing to have a dockside observer supervise the unloading of a crab vessel. One issue which arose at trial was the admissibility of a computer generated replication of the fisherman’s fishing licence along with the conditions and schedules attached thereto. In allowing the licence and related …
Full SummaryR v. Perry, [2002] N.J. No. 97 (Nfld. S.C.)
This case involved the Captain of a U.S. flagged fishing vessel who was charged under s. 4(2) of the Coastal Fisheries Protection Act with illegally fishing on a portion of the continental shelf beyond the limits of Canadian fisheries waters. On a pre-trial application, the fisherman argued that the Crown could not rely upon vague and uncertain statutory provisions to …
Full SummaryR v. Edwards, 2002 BCSC 430
This was a summary conviction appeal of a conviction for failing to comply with the terms and conditions of a fishing licence (taking rockfish without a quota amendment). At issue was whether or not the Crown proved that the set of licence conditions was physically attached to the fishing licence. Although a certified copy of the licence was entered at …
Full SummaryR v. Johnstone, 2002 BCPC 111
This case involved a new abalone aquaculture project arising out of a collaborative agreement to be entered into with D.F.O. While the final form of agreement was still being negotiated, an assistant deputy minister issued a letter indicating it would “allow for a small number of brood stocks to be collected pending the signing of a collaborative agreement . . …
Full SummaryR v. Golem, No. 800/97 (Ont. Ct. of Justice)
This case involved the discovery of an illegal gill net with two different identification numbers upon it. The accused, was the corporation who held a licence under one of the two identification numbers. At trial, no evidence was led with respect to the person to whom the second identification number was issued. Upon convicting the accused, the Justice of the …
Full SummaryR v. Rideout, 2003 NLSCTD 58
This was a companion case to R. v. Cox 2003 NLSCTC 56 (digested herein). In addition to the issues raised in R. v. Cox, this summary conviction appeal also raised the issue of who has the onus of proof regarding the question of whether or not the licensing official was properly authorized to issue licence conditions on behalf of the …
Full SummaryR v. Kelly, 2003 NBQB 148
This was a summary conviction appeal by the Crown of an acquittal from a charge of fishing with an unregistered vessel. The unregistered vessel was a large scow that was being towed by a smaller registered scow for the purpose of attending a trap net set in the Miramichi River. Upon reaching the net, the larger scow was detached and …
Full SummaryR v. Douglas, 2003 BCPC 126
This case involved charges of both fishing in a closed area and possession of illegal fish against three members of the Cheam First Nation. At the end of the Crown’s case the defence brought a no evidence motion. In dismissing the no evidence motion, the court applied the broad definition of fishing contained in The Ship “Frederick Gerring Jr. v. …
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