This case involved two accuseds, who were convicted of taking an illegal bycatch of cod and other species while fishing for skate.
The court considered section 51(b) of the Fisheries Act and exercised its discretion to not order forfeiture of intermixed fish. In exercising this discretion it considered, amongst other things, the following:
1) The problem of cod bycatch adversely affected the way the accuseds could fish both their skate and redfish quota;
2) The accuseds were already losing a significant amount because of a mandatory forfeiture pursuant to s. 51(a) of the Act; and
3) One of the accuseds was not able to take his full skate quota because of the high bycatch of cod.