R v. Forsey

In By Licence Holders and Employers, Fish Cases, Offences on (Updated )

This was a companion case to R. v. Cox 2003 NLSCTC 56 (digested herein). In addition to the issues raised in the Cox decision, the court also dealt with the issues of whether or not the accused could be found guilty by virtue of s. 78.3 of the Fisheries Act (Offences by Employers) and s. 78.4 of the Act (Offences by licence holders). Given the absence of any evidence that the offence was committed without the knowledge or consent of the licence holder, the court applied R. v. Petten (1995) 129 Nfld. & P.E.I.R. 37 to uphold the trial courts conviction.