Miscellaneous - Admiralty Law

R v. Keough, 2011 CanLII 104

In Fish Cases, Miscellaneous, Offences on July 19, 2012 (Updated July 19, 2012)

Abuse of Process - Court can Decline to Hear Evidence of Charter Breach - Misc. - Offences - Offender Not Excused Because Other Offenders Not Prosecuted - Procedure - Protest Fishery

R v. Armstrong, 2010 BCSC 1041

In Fish Cases, Miscellaneous, Offences on July 19, 2012 (Updated July 19, 2012)

Full Summary

By Licence Holders and Employers - circumstantial Evidence - Liability of Company - Liability of Directors - lobster fishery - Offences - Offences misc.

R v. T.&T. Fisheries Inc., [2005] P.E.I.J. No. 74

In By Licence Holders and Employers, Fish Cases, Miscellaneous, Offences on July 19, 2012 (Updated July 19, 2012)

In a complicated fact situation involving a company owned fishing vessel that was illegally fishing for Lobster while the sole director was not aboard, based upon the rule in Hodge’s case (1838), 168 E.R. 1136 and circumstantial evidence produced by the Crown, the court was not prepared to convict the director for his personal involvement. The court was also not …

Full Summary

Admissibility of Plant Fish Book - Evidence - Misc. - Offences - Principled Exception to Hearsay Rule - Search and seizure

R v. Wilcox, 2001 NSCA 45

In Fish Cases, Miscellaneous, Offences, Search and Seizure on July 17, 2012 (Updated July 17, 2012)

This case involved a large number of charges against a snow crab fisherman who was alleged to have conspired with two dockside observers to land catches of snow crab in excess of his quota. Amongst other things the case concerned the admissibility of a “fish book” containing a hand written table of dates, names, quantities of fish and values of …

Full Summary

Misc (obstruction & def'n of fishing) - Offences - person non involved in fishery but in peripehery - Search and seizure

R v. Rhyno, 2002 NSPC 8

In Fish Cases, Miscellaneous, Offences, Search and Seizure on July 17, 2012 (Updated July 17, 2012)

This case involved a crab boat that was owned by a group of fishermen who were under suspicion for illegal crab fishing. Although the vessel had not engaged in commercial fishing for some time, it was outfitted for fishing, it was tied up to a dock with crab traps piled upon it, and on the day in question, it had …

Full Summary

Misc. - Obstruction - Offences - Search and seizure

R v. King, 2008 PESCTD 18

In Fish Cases, Miscellaneous, Offences, Search and Seizure on July 17, 2012 (Updated July 17, 2012)

Upon summary conviction appeal, the appeal court ruled that the act of waiting and watching some undersize lobster that had been discovered pursuant to a legal inspection under s. 49(1) of the Fisheries Act, "from within a warehouse, which was a limited access building that was used by a number of public agencies for various purposes" (para. 23) did not …

Full Summary

Burden of Proof - Due Diligence - Misc. - Offences

F.H v. McDougall, 2008 SCC 53

In Due Diligence, Fish Cases, Miscellaneous, Offences on July 17, 2012 (Updated July 17, 2012)

This is pronouncement by the Supreme Court of Canada on the civil burden of proof "on a balance of probabilities". Although this is not a fisheries case, since this is the burden of proof by which an accused fisher must establish a due diligence defence, it is an important decision for fisheries prosecutions. In this case the court rejected an …

Full Summary

Aerial Surveillance - Fishing in Unauthorized Area - GPS Evidence - Misc. - Offences - Proof fishing under Aboriginal Commercial Fishing Licence