This case involved a charge under s. 63(1) of the Fisheries Act of making a “false or misleading statement” when estimating the amount of crab caught for the purpose filling out fishing logs. After landing the crab and making deductions for ice, water and barnacles, the landed weight was 37,238 lbs while the estimated weight was 31,348 lbs. In deciding …
Full SummaryR v. Hudson, 2003 CanLII 29889
Not yet available.
Full SummaryR v. McIntyre, 2004 NBPC 10
R v. Tremblett, [2004] N.J. No. 247
This case involved a fishing vessel fishing with an otter trawl. Although a "fish finder" did not indicated many fish in the area and the first four trawls caught few fish, on the fifth trawl a very large number of fish were caught. An attempt was made to winch the net aboard, but it was discovered that the vessel could …
Full SummaryR v. Mark, 2004 BCCA 176
This case involved a charge against a west coast trawl fisherman for fishing over a fishing area boundary line into a closed area that was delineated as being on the seaward side of a 40 fathom contour line. At trial, the court relied upon evidence from a navigator who used a global positioning device (G.P.S.) to go to the co-ordinates …
Full SummaryR v. Kearly, [2004] N.J. NO. 168
R v. Jimmy, 2004 BCSC 997
R v. Anderson, 2004 BCSC 1745
This case involved charges of fishing during a closed time against 40 commercial fishermen who were protesting the refusal of the Department of Fisheries and Oceans (“D.F.O.”) to open the fishery. At a sentencing hearing, the court extensively reviewed the evidence regarding the extremely large run size and the inequities surrounding the Aboriginal Pilot Sales fishery that was allowed to …
Full SummaryR v. V.F. Pacific Offshore Fisheries Ltd. and Frank Gordon Melan, Unreported Powell River Prov. Ct. file no. 12220C2
This case involved an accused who was charged with a number of offences which included an averment that he was fishing under the authority of a fishing licence. At trial the Crown entered into evidence an unsigned certified copy of a licence produced from the records of the D.F.O. licence unit. This licence contained a term that it was not …
Full Summary