R v. Johnstone

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a new abalone aquaculture project arising out of a collaborative agreement to be entered into with D.F.O. While the final form of agreement was still being negotiated, an assistant deputy minister issued a letter indicating it would “allow for a small number of brood stocks to be collected pending the signing of a collaborative agreement . . .” (para. 7). Despite a subsequent letter from the local D.F.O. office which was somewhat contradictory to the letter issued by the assistant deputy minister, the accused proceeded to harvest some brood stock and was eventually charged for fishing without a licence.

At trial, the issue was whether or not the accused had sufficient permission from D.F.O. to collect the brood stock.

Upon reviewing all of the evidence, the court acquitted the accused on the grounds that he had sufficient permission.