R v. Gorman

In Fish Cases, Offences, Variation Orders on (Updated )

This was a summary conviction appeal of an order of a Provincial Court acquitting an accused fisher of an offence on the grounds that a Variation order had not been published in the Canada Gazette. The appeal court set aside the acquittal on the grounds that sections 15(1) and 7(1) j of the Statutory Instruments Act had not been brought to the trial judges attention. These provisions provide as follows:

15(1) The classes of regulations that are exempt from registration are hereby exempt from publication. S. 7(j) of the Regulation exempts from the registration requirements: (j) orders made by a person engaged or employed in the administration or enforcement of the Fisheries Act whereby a close time, fishing quota, or limit on the size or weight of fish that has been fixed in respect of an area under regulations made under that Act, is varied in respect of that area or any portion of that area.

Counsel for the Crown/Appellant: Michael Seaborn

Counsel for the Respondent : Did not appear