R v. Oldford

In Fish Cases, Fishing Prohibitions, Offences on (Updated )

This case involved a commercial lobster fish harvester and his son who plead guilty to catching five lobster for personal consumption (two of which were undersize) five days before the lobster season was scheduled to open. At the initial sentence hearing in Provincial Court, the court imposed fines of $2,500 and $1,100 for the father and son respectively and ordered forfeiture of some of the smaller items of fishing gear. In addition it relied upon R. v. Cluett (2002) 217 Nfld. & P.I.I.R. 87 (N.F.T.D.) and R. v. Morreau [1996] B.C.J. No. 1584 (B.C.S.C.) to prohibited the commercial lobster fish harvester from holding a commercial lobster fishing licence for following fishing season

Upon appeal, after a thorough review of the principals of sentencing as they apply to fisheries offences, the court reduced the fishing prohibitions from one year to the first five days of the lobster season on the grounds that a one year suspension was unreasonable and excessive.