R v. Hung Nguyen

In Fish Cases, Miscellaneous, Offences on (Updated )

In a prosecution under the Fisheries Act for fishing in U.S. waters, the Crown neglected to enter a document entitled “vessel licence” (presumably a Department of Transport licence). As a result, the court acquitted the accused on the basis of a failure of the Crown to prove that the fishing vessel was subject to the jurisdiction of Canada. In making the decision the court declined to accept evidence of a fisheries officer with respect to previous dealings with the vessel on the basis of the best evidence rule. The court also refused to allow the Crown to re-open its case, as inadvertence or neglect can never give rise to the extra-ordinary circumstances justifying re-opening of a case.