R v. Dempsey

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a fishing vessel that was observed by a Fisheries Officer in a plane to have fishing gear in a closed area. The fisheries officer conducted an interview of the captain of the fishing vessel by radio. The accused captain attempted to exclude the evidence at trial on sections 7 and 10 of the Charter.

The court rejected the Charter defence based upon the following findings:

1)The accused was informed that he was being investigated for a violation under the Fisheries Act and knew that his gear had been found in a closed area and that he could be charged under the Fisheries Act as a result. He knew all of this before receiving a caution and before his rights were read to him;

2) The accused’s jeapardy did not change at any time during his interaction with the fisheries officer;

3) From the outset, the accused was advised of the reason for the questions being asked and confirmed he understood;

4) The accused was told he could speak to a lawyer and would be provided with a telephone directory and privacy;

5) The accused advised that he did not want to talk to a lawyer;

6) Without the benefit of legal advice the accused gave the fisheries officer an explanation of why the fishing gear was located in a closed area.