This is a sentencing case involving the poaching of a large number of abalone. In ruling that forfeiture of a boat, truck and other equipment should be considered part of the overall sentence (so as to reduce the fine or other sanctions that might otherwise be imposed), the court distinguished R v. Sandover-Sly 2002 BCCA 56 as a case where the accused had no property interest in the property being forfeited (para 79 & 83). It also relied upon R. v. Ulybel Enterprises Ltd.  157 C.C.C. (3d) 153 for the proposition that forfeitures is "one of the penalties available to the courts . . . " (para 80).
Editor’s note: For a non fisheries case that takes a similar approach see R v. Craig  B.C.J. No. 814, 2007 BCCA 234 at paragraph 78