R v. Martin, 2016 NSPC 14

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

The summary as included in the judgement is as follows: Beginning in 1994 and in each ensuing year the federal Department of Fisheries and Oceans entered into Agreements with the Waycobah First Nation concerning, among other things, a food, social and ceremonial fishing allocation to members of that aboriginal community. These Agreements emanated from an Aboriginal Fishing Strategy created in …

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R v. Fudge, 2016 CanLII 25433

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved a fish harvester who plead guilty to catching undersize whelk. After a general review of the principals of sentencing for fisheries matters, the court dealt with the issue of forfeiture of the catch. In doing so it said "[T]he amount of the fine must be set in conjunction with the issue of forfeiture. The fact there has …

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R v. Pisces Fishery Incorporated, 2016 ONSC 618

In Due Diligence, Fish Cases, Offences on (Updated )

This case involved a company that employed a captain to operate its commercial fishing vessel on a lake in Ontario. The Crown planted a covertly installed tracking device on the vessel and then later compared the daily catch reports prepared by the captain to the information provided by the tracking device. As a result, it was discovered that the captain …

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Calwell Fishing Ltd. v. Canada, 2016 FC 312

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

This case was brought by a group of fish packer owners whose businesses declined to the point where they were no longer economically viable. They sought a declaration based upon the common law doctrine of "taking". They argued that the state cannot take property without compensation except where such taking is supported by clear unambiguous statutory language. They submitted that …

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Ahousaht Indian Band and Nation v. Canada (Attorney General, 2015 BCSC 2166

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

This is a aboriginal fishing rights case where the justification stage of the proceeding was delayed until after the parties had had an opportunity to consult and negotiate accommodation of a declared right to fish any species within their fishing territories (other than for geoduck clams later excluded by the Court of Appeal). Prior to completion of the justification hearing …

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R v. Beaverbones

In Fish Cases, Offences, Variation Orders on (Updated )

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 …

Minister of Fisheries and Oceans v. Ahousaht First Nation et al., 2014 FCA 211

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

This case involved the appeal of a decision of the Federal Court issued on 28 February 2014 restraining the Minister of Fisheries from opening a commercial herring roe fishery(digested on this website). Since the commercial herring fishery was completed before the Crown requested an expedited appeal in June of 2014, the court ruled that there were no factors that would …

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R v. Balsom, 2014 CanLII 72869 (NL PC)

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved a a 71 year old man who was caught setting a net across a creek from which three trout were retrieved. He was fined $3,000 for illegally fishing with a net and $1,000 for illegal possession of three trout. After reviewing a number of authorities regarding forfeitures under the Fisheries Act and concluding that it had the …

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Marion et al. v. Perley et al., 2015 NBQB 147

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

This case involved an alleged agreement whereby the plaintiff paid a First Nation for the exclusive right to manage and operate its commercial fisheries for the 2013, 2014 and 2015 fisheries. The agreement allegedly gave the plaintiff full control over the commercial fishery operations, the right to lease licences at will from the First Nation and be the designate as …

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