This case involved a charge of failing to have a revival tank operating as required by a condition of the vessel owner’s fishing licence. The primary defence was that s. 22(7) of the Fishery (General) Regulations requiring compliance with conditions of licences was both outside the scope of the regulation making power granted to the the Minister by Parliament and …
Full SummaryR v. Ivy Fisheries Ltd, 2006 NSPC 26
R v. Nguyen, 2006 BCSC 1500
This case involved a charge against a crab fish harvester who was caught hauling his crab traps more than once per day contrary to the conditions of his crab licence. During final argument after electing to call no evidence, defence counsel objected to the charge on the grounds that it did not disclose an offence known to law. In particular, …
Full SummaryR v. Caines, 2007 CanLII 7
This case involved a shrimp trawler who was charged with failing to maintain a distance of at least one-half nautical mile between his vessel, including any mobile gear attached thereto, and any previously set fishing gear. Based upon circumstantial type evidence, the court was prepared to find that the fisher had failed to keep his shrimp trawl at lease one …
Full SummaryCanada v. White, 2006 NLCA 71
This case involved charges against a person who was observed removing three salmon from a net in an area closed to fishing. At issue, was the definition of the term "fishing" as defined in the Fisheries Act and subsequent jurisprudence. At trial the accused was convicted of possession of fish, but acquitted on the charge of fishing. The grounds for …
Full SummaryR v. Hawkins, 2007 NLTD 12
This is a case arising out of an evening stake out operation after fisheries officers noted that a boat that was usually moored in a location was missing with a pick up truck parked close by. At 9:15 p.m. the officers observed the boat motor into a harbour and then heard a boat with a distinctive sounding engine start. Shortly …
Full SummaryR v. Watson, 2007 PESCAD 18
Although the regulations infringed s. 2b charter rights, the infringements were upheld as a reasonable and demonstrably justified under s. 1(para. 31).
Full SummaryR v. Wong, 2007, BCPC 297
This case involved charges of possession of abalone against an accused who was alleged to have purchased it from a known abalone poacher who had previously plead guilty to charges of abalone poaching and been sentenced on a joint submission basis after assuring the Crown that he would fully co-operate with the Crown with respect to the prosecution of others …
Full SummaryR v. Pittman, 2007 CanLII 283
This case involved a fish harvester who was charged with failing to comply with a term of his licence requiring his herring net to be set one fathom below the surface. At trial, a fishery guardian testified to finding the net in question attached to some buoys and floating less than one fathom below the surface. He also testified that …
Full SummaryR v. McLenaghan, 2008, NBCA 4
Given the wording of s. 78.4 of the Fisheries Act, the failure of the licence holder to sign his licence was not fatal to the Crown’s case. Editor’s note: For a case in B.C. with a similar result see: R v. Pacific Offshore Fisheries Ltd. and Frank Gordon Melan (6 January 2005) Unreported Powell River Prov. Ct. File no. 12220C2 …
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