R v. Boudreau, 2009 NSPC 7

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

This case involved charges of illegal fishing for snow crab pursuant to Aboriginal Communal Fishing Regulations. When defence council discovered that the Band Council of the First Nation that that issued the Communal Fishing licences had discussed the case with several Government officials, including enforcement officers, he sought production of any reports and/or e-mails resulting from that meeting. After reviewing …

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R v. Rice, 2009 BCCA 569

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

This case involved charges of illegal hunting and possession of moose by three aboriginal hunters. Although not a fisheries case, it is relevant to fisheries prosecutions because (1) it involved an inspection under s. 95 of the B.C. Wildlife Act, which is similar to an inspection under s. 49 of the federal Fisheries Act; (2) it applied the test formulated …

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R v. McDonald, 2002 NSCA 135

In Fish Cases, Fisheries Practice, Offences, Search and Seizure on (Updated )

This case involved an application under s. 71(4) of the Fisheries Act on behalf of a number of First Nations fishermen to have seized gear returned pending trial on charges of illegal fishing. At issue was whether or not the Crown had to make application under s. 71(4) of the Act if they wished to retain seized gear for more …

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Armstrong v. Gill, 2004 BCSC 1480

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability, Miscellaneous, Offences on (Updated )

This case involved a prosecution under the Fisheries Act. In the course of a pre-trial application by the defence for disclosure of Crown documents, the matter was adjourned so that the parties could exchange and file written submissions. Although written submissions from both parties were filed, for some unexplained reason only the Crown’s submissions were provided to the judge hearing …

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