This case involved the discovery of an illegal gill net with two different identification numbers upon it. The accused, was the corporation who held a licence under one of the two identification numbers. At trial, no evidence was led with respect to the person to whom the second identification number was issued. Upon convicting the accused, the Justice of the Peace indicated that after leading evidence of the two identification numbers attached to the net, the onus then shifted to the accused to offer an explanation. Upon appeal, it was held that no such reverse onus existed and the Crown had failed to establish the offense beyond a reasonable doubt.
Counsel for the Accused: D.R. Nash
Counsel for the Crown: A.R.E. Ryan