This case involved charges under the Federal Fisheries Act of fishing during a closed season. The main defence in the case involved a challenge of the authority of the Regional Director to make a variation order that purported to close the waters in question to fishing on the grounds that it had been improperly subdelegated by the Regional Director-General. The …
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: brad@marine-law.ca CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
R v. Corcoran, N.J. No. 180 (Nfld. S.C.)
This case involved a variation order which declared that fishing was prohibited in a local area "beginning on January 1 and ending on December 31". The trial judge ruled that the variation order was vague and that it failed to properly prohibit fishing during a "specified period" as within the meaning of the Act. The appeal was allowed and the …
Full SummaryR v. Gorman, 1998 CanLII 3545
This was a summary conviction appeal of an order of a Provincial Court acquitting an accused fisher of an offence on the grounds that a Variation order had not been published in the Canada Gazette. The appeal court set aside the acquittal on the grounds that sections 15(1) and 7(1) j of the Statutory Instruments Act had not been brought …
Full SummaryR v. Corcoran, 1999 CanLII 19147
This case involved a charge against an inshore cod fisherman for fishing during a closed time (see digest of earlier decision from this case in 1997). This case is a summary conviction appeal on the grounds that the Regional Director General improperly delegated his authority to sign a variation order closing the fishery. After reviewing the authorities, and concluding that …
Full Summary