R v. Jones, 2009 CanLII 50076

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved the sentencing of poacher of Atlantic salmon. The Court imposed an overall fine of $3,500, a two year fishing prohibition and forfeiture of a boat that was used in the commission of the offence. With respect to the forfeiture order, the Court cited a number of authorities including R v. Smith (1978), 15 Nfld. & P.E.I.R. 115 …

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R v. Ward, 2002 SCC 17

In Constitutional Cases, Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a fisherman who was charged under section 27 of the Marine Mammals Regulations, SOR 56/93, passed pursuant to the Fisheries Act. This regulation prohibited the sale of, amongst other things, “blueback” seals, which are young hooded seals and whitecoats, which are young harp seals. The evidence lead at trial was that public opinion opposed to the killing …

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R v. John Martin Cummins, No. 93472-01 (Surrey Prov. Ct.)

In Aboriginal Rights/Defences, Fish Cases, Offences on (Updated )

This was a test case involving a challenge to the aboriginal fishing strategy which allows aboriginal fishers to fish for commercial purposes under the Aboriginal Communal License Regulations. D.F.O. opened a fishery in the Fraser River for aboriginal commercial fishing and the accused, a non aboriginal (the Reform M.P. for Delta-South Richmond), set a net after advising D.F.O. of his …

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R v. Joe, 2000 BCSC 1100

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on (Updated )

This case involved an aboriginal fisherman charged with fishing during a closed time. At issue during the trial was the requirement for notice of a regulation to all persons likely to be affected by it as required by section 11(2)(b) of the Statutory Instruments Act. At trial, the trial judge found that the communal licence issued by the fisherman’s Band …

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R v. Q.M.P. Fisheries Ltd. et al, 2001 BCPC 210

In Aboriginal Rights/Defences, Fish Cases, Offences, Search and Seizure on (Updated )

This case involved charges of buying and selling salmon caught under the authority of a food fishing licence. This judgment was a ruling on a voice dire concerning the admissibility of documents seized under the authority of two search warrants issued under s. 487 of the Criminal Code. The court reviewed the affidavits filed in support of the affidavits and …

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