This case involved a commercial salmon seine fishery that for some time had been pooled in the sense that only some of the available fishing vessel are allowed to participate in the fishery. In the past, vessels that were assigned a catch in the pool, but did not have the required license to fish, purchased temporary assignments of licenses from …Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: email@example.com CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
R v. v. Daley, 2013 NLPC 0112A01491
This case involved a fishing vessel operator who was also an elected representative of a crab fishermen committee. Trip limits were imposed in the conditions of the crab fishing licences at the request of fish processors. For a number of years the limits had not been enforced. Prior to the fishing season in question, the accused attended a meeting with …Full Summary
R v. Derry, 1999 CanLII 6251
This case involved a master and vessel owner who were charged with exceeding the amount of catch provided by their halibut quota after they failed to properly process the papers necessary for the transfer of a second quota to their vessel. The summary conviction appeal court upheld the conviction imposed by the trial court after rejecting a defence based upon …Full Summary
R v. Cassell, 2007 CanLII 6836
This case involved a snow crab fisher who offloaded all but two trays of crab while a dockside observer was present. The remain two trays were retained for crew members to take home. Upon being confronted by a fisheries officer while the crab was still aboard the fishing vessel, the fisher was given a written warning that all fish had …Full Summary
R v. Shiner, 2007 NLCA 18
This case involved one of several persons who were charged with selling blueback seal pelts caught in 1996. After a constitutional challenge in the Ward case, the matter was remitted back to trial. After the Crown had proven all of the elements of the offence beyond a reasonable doubt, the trial judge entered a stay of proceedings as a result …Full Summary
R v. Barrett, 2009 NLPC 1122
This case involved charges against a large number of seal harvesters for having sold "blueback seal pelts" contrary to the Marine Mammal Regulations. It is related to the case of R. v. Shiner,  N.J. NO. 10. At trial a number of defences were raised. With respect to the defence of mistake of fact, the mistake alleged was a mistaken …Full Summary