This case involved judicial review of conditions in Salmon Farm licences on the Pacific Coast that allowed the transfer of diseased smolts from hatcheries to fish farms if, amongst other things, the fish farm’s veterinarian deems the transfer to be of low risk. After a lengthy analysis, the court granted an order declaring that the impugned licence conditions were of …
Full SummaryLayman Estate v. Layman, 2014 NLTD 66
R v. Ai, 2014 BCSC 1350
In this case, a provincial court judge quashed a ticket information on the grounds that s. 79.7(2) of the Fisheries Act requires both the summons and the information portion of the ticket comply with all of the s. 79.7(2) requirements. In doing so, the provincial court judge found that there was an ambiguity in the wording of s. 79.7(2) and …
Full SummaryR v. Rideout, 2014 NLTD 27
This case involved a fish harvester who was charged with violating a licence condition that prohibited him from retaining whelk that were less than 63 mm in overall length. At trial the fish harvester gave evidence that his primary method of grading the whelk for size was by using a grading table that that was an open table with a …
Full SummaryBurnell v. Canada (Minister of Fisheries and Oceans), 2014 BCSC 2014
This case involved a class action by a group of halibut fishers against the Minister of Fisheries alleging that the halibut management scheme that held back 10 per cent of the halibut quota and assigned it to the Pacific Halibut Management Society was illegal and that it cost the fishers more to access the quota than it had under the …
Full SummaryMalonie v. Shubenacadie Indian Band, 2014 FC 129
The applicant band member obtained a bank loan to purchase a fish boat upon the assurance of her Band Council that she would be given use of a communal snow crab licence and quota for a period of six years. She purchased the fish boat and had use of the licence and quota for three years. The Band then assigned …
Full SummaryR v. Bavin, 2013 NSSC 434
This case involved a aboriginal fishing rights defence to a charge of illegal gillnet fishing. Upon summary conviction appeal, the appeal court upheld a decision rejecting the aboriginal defence upon the grounds that the accused did not establish the date of effective control by Europeans at the required time.
Full SummaryAhousaht Indian Band v. Canada (Minister of Fisheries and Oceans), 2014 FC 197
In this case the applicants were a group of five First Nations located on the West Coast of Vancouver Island who had recently had their right to to fish and sell fish affirmed by the Supreme Court of B.C. with the issue of justification and infringement to be later determined. When affirming this right, the court had given the parties …
Full SummaryR v. v. May, 2013 CanLII 8665 (NL PC)
This case involved a fish harvester caught with crab caught under a improperly marked buoy. The crab was seized and sold for $6,832.80. After reviewing the applicable authorities including R v. Rideout, [2005] N.S.J. nO. 9 (N.S.S.C.) (digested herein), the court concluded that since it is possible that all the elements of the offence could have been established before any …
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