R v. Classic Smokehouse (2003) Inc., 2012 BCPC 232

In Fish Cases, Offences, Search and Seizure on (Updated )

Editor’s note: This entire decision deal with the question of whether fish seized pursuant to the Criminal Code should be detained for a period in excess of 90 days. However, it is arguable that the Criminal Code is not applicable to either the seizure of fish or for orders for continued detention. In this regards see R.v. Ulybel Enterprises Ltd., …

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R v. Armstrong, 2012 BCCA 242

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability, Miscellaneous, Offences on (Updated )

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R v. Reid and Gladstone, 2006 BCPC 219

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved charges of offering to sell sablefish not caught under the authority of a aboriginal fishing licence. Given a total delay of 63 months and an unjustified delay of at least three years along with prejudice to the accused’s security of person, a stay of proceedings was granted.

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R v. Wheadon, 2006 NLTD 139

In Constitutional Cases, Fish Cases on (Updated )

This case involved two fish harvesters who were charged with failing to tag cod fish immediately after harvesting as required by their recreational fishing licences while fishing on inshore waters of Newfoundland. The case was defended primarily upon the grounds that the Federal Government did not have regulatory authority over the inshore cod fishery because of the fact that during …

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R v. Cox, 2007 CanLII 4673 (NL PC)

In Fish Cases, Forfeiture, Offences on (Updated )

Upon making an order for the forfeiture of a boat and outboard motor, the court said that: In determining the nature of any fine which is appropriate must consider any forfeiture order in applying the totality principle of sentencing (see R. v. Spellacy (1995), 131 Nfld. & P.E.I.R. 127 (N.L.C.A.)) . . . If counsel seek to persuade a Court …

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Ahousaht Indian Band and Nation v. Canada (Attorney General), 2011 BCCA 237

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

This case involved a claim by five Nuu-chah-nulth ("NCN") 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, the trial court: (1) Granted a judgement declaring an aboriginal …

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Newfoundland v. Ryan Estate, 2009 NLTD 120, 2011 NLCA 42

In Fish Cases, Torts on (Updated )

In this case, the Newfoundland Trial Division (2009 NLTD 120) held that the statutory bar to litigation in the Nfld. Workplace Health, Safety and Compensation Act (WHSCA) is unconstitutional. Ryan Estate v. Universal Marine (Ryan’s Commander) involved a claim by the estates of two crew members of the fishing vessel Ryan’s Commander that capsized off of the coast of Nfld. …

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