The accused was the holder of a licence allowing a fishing vessel to fish for snow crab in a defined area. The fishing vessel was observed in a area outside the defined fishing area with crab fishing gear hanging over its side. As well, buoys bearing the CFV number of the fishing vessel were found in numerous locations outside the defined fishing area. When pulled, several of the attached traps had tags assigned to the accused.
At trial, the accused called no evidence and argued that the Crown had failed to prove the identity of the accused because there was no evidence that he was on the boat.
Held: Based upon s. 78.4 of the Fisheries Act, and the absence of any evidence from either the accused or the Crown’s that the activities of the fishing vessel were carried on without the knowledge or consent of the licence holder, the court convicted.