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Ahousaht Indian Band v. Canada (Attorney General), 2021 BCCA 155, 2021 BCCA 155

In Aboriginal Rights/Defences on

This is a case that was commenced in 2003 and since then has undergone a 100 plus day trial, at least three appeals to the B.C.C.A. and three appeals to the SCC. Earlier decisions are digested on this site. A condensed summary of the April 2021 decision as prepared by the B.C. Court of appeal is set out below. The …

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Ahousaht First Nation v. Canada (Fisheries, Oceans and Coastguard), 2019 FC 1116, 2019 FC 1116

In Aboriginal Rights/Defences, Judicial Review/Crown Liability on

This case involved an application for an interlocutory injunction by five of the 14 Nuu-chah-nulth group located on the West Coast of Vancouver Island.  The injunction was for the increase of their allocation of AABM chinook salmon of at least 5,000 additional pieces. In a lengthy decision (65 pages), the court rejected that application on the grounds that: (a) The …

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Robinson v. Canada (Attorney General), 2019 FC 876

In Judicial Review/Crown Liability on

This case involves a NS lobster fisherman who is unable to fish due to illness and has exceeded the limited 5-year exception enabling him to appoint a “medical substitute operator”. PIIFCAF generally requires a lobster licence to be personally fished by its owner, i.e., “owner-operator”. Mr. Robinson asserts that the Minister’s decision not to approve a further extension was unreasonable …

Kinghorne v. Canada (Attorney General), 2019 FC 1183

In Judicial Review/Crown Liability on

Kinghorne v. Canada (Attorney General), 2019 FC 1183(link) This case involved a challenge by a NB fisherman who sought access to a small craft harbour to berth his fishing vessel at the start of the lobster fishing season. The harbour was situated close to nearby fishing grounds and there was significant local interest in setting out from this location. Concerned …

R. v. Dawe, 2019 CanLii (N.L. Prov. Ct.)

In Miscellaneous on

This case involved a fishing vessel that was purse seining for capelin.  In this fishery, the most common method of estimating the weight of one’s catch is to use baffle boards.  On the day in question, the accused’s vessel was using this method. The seine net was off the starboard side of the vessel and the captain was using a …

Andrews v. Canada (Attorney General), 2019 NLSC 42

In Contracts, Fish Cases on

This case involved an alleged 1993 agreement between the Minister of Fisheries and the Area 3K snow crab fishing fleet in Newfoundland that if the fleet supported the Minister in allocating an increase in snow crab quota to fish harvesters adversely impacted by the moratorium on cod instead of the snow crab fleet, he would never reduce the snow crab …

Ahousaht Indian Band and Nation v. Canada (Attorney General), 2018 BCSC 218

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

INTRODUCTION This case involved a claim by five Nuu-chah-nulth First Nations with territories situated on the west coast of Vancouver Island to a wide range of aboriginal fishing rights over a large geographical area including submerged lands extending 100 nautical miles into the ocean and rivers. After a lengthy trial, in 2009 the trial court: (1) granted a judgement declaring …

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Griffin v. R, 2017 PESC 11

In By Licence Holders and Employers, Due Diligence, Fish Cases, Offences on (Updated )

Section 78.4 of the Fisheries Act provides that: “In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person in respect of any matter relating to any operations under a lease or licence issued to the accused pursuant to this Act or the regulations, whether or …

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R v. McNeill Fishing Ltd.

In Fish Cases, Fisheries Practice, Miscellaneous, Offences on (Updated )

Section 71(2) of the Fisheries Act provides that “. . . a court may order any . . . thing seized under this Act to be returned to the person from whom it was seized if security is given to Her Majesty in a form and amount satisfactory to the Minister.” In this case, the owner of two seized prawn …

Gillett v. Canada and Hurley, 2017 FC 574

In Fish Cases, Judicial Review/Crown Liability on (Updated )

In response to increasing fishing pressure in the capelin fishery, in 2007 Fisheries and Oceans Canada (“DFO”) imposed a management measure that only allowed capelin licence holders to fish in one management area per year. As a result, licence holders in the Newfoundland region who leased their capelin fishing vessels to licence holders in another region, were not permitted to …

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