R v. Chandler

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

This case involved the captain of a crab fishing vessel who was charged with possession of undersize crabs. In upholding the trial judges finding of due diligence, the summary conviction appeal court distinguished two lobster cases (R. v. Cameron [1996] N.S.J. 83 and R. v. Morrison) because unlike the lobster cases, after the initial measuring by the crew member the crabs were not accessible to be checked until they were off loaded at the end of the trip. In applying the test set out in R. v. Gulf of Georgia Towing Ltd. 10 B.C.L.R. 134 (BCCA), the court said, "in the present case, it could not be said that the consequences of possessing undersized crabs has the same consequential environmental impact as an oil spill, particularly given the ability to mitigate the possession of crags by returning the crabs to the sea when sorted by the buyers" (para 43).