Griffin v. R

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 not the person is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused [emphasis added]”. The issue in this case was whether this reverse onus provision imported a due diligence requirement.

After reviewing the relevant authorities, including authorities regarding the standard of review, the court concluded that s. 78.4 does import a due diligence requirement and upheld the conviction of the summary conviction trial court.

Although not entirely clear from the reasons, it appears that the required due diligence was with respect to the training and supervision of the crew.