This case involved a number of charges against a fish harvester under the B.C. Sport Fishing Regulations. At trial, although it was established that the fish harvester had a fishing licence, the Crown did not lead evidence of whether it was a sports fishing licence, a food fishing licence or a commercial licence. The only evidence that was lead regarding the nature of the fishing was a statement made by the accused to the fisheries officer that he was on a pension and needed fish to eat. As a result the Trial Court ruled that the Crown had failed to prove an necessary element of the offence, namely that the accused was sports fishing as defined by the regulations to be fishing for recreational purposes.
Upon appeal, the Summary Conviction Appeal Court upheld the decision of the Trial Court.