R v. Kelly

In Fish Cases, Miscellaneous, Offences on (Updated )

This was a summary conviction appeal by the Crown of an acquittal from a charge of fishing with an unregistered vessel. The unregistered vessel was a large scow that was being towed by a smaller registered scow for the purpose of attending a trap net set in the Miramichi River. Upon reaching the net, the larger scow was detached and each scow went along either side of the net, presumably to remove the fish from the net. The fish were then transported back to the dock in the larger scow being towed by the smaller scow. At issue, was the question of whether or not the large scow was a vessel “used in fishing” pursuant to s. 4(1)(c) of the Maritime Provinces Fisheries Regulations. After applying the definition of fishing set out in The Ship “Frederick Gerring Jr.” v. Her Majesty the Queen (1897) 27 S.C.R. 271 and reviewing the principles of statutory interpretation, the court found that the large scow was used for fishing and imposed a verdict of guilty.