R v. Paul

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved an aboriginal fisher who, after participating in a test/protest snow crab fishery was convicted of: (1) having on board a crab trap without a valid tag, and (2) fishing for snow crab without a valid licence. Upon conviction, his sentence included a conditional discharge and a partial forfeiture of the proceeds of sale of his catch ($28,599.60 of $38,599.60). Upon a summary conviction sentence appeal by the Crown, the court upheld the sentence. With respect to the partial forfeiture order, the court applied R. v. Mood (1999) 174 N.S.R. (2d) 292 (digested herein) for the proposition that the mandatory forfeiture provision of s. 72(2) of the Fisheries Act only apply when "the offence was in relation to the fish that were seized, and they were an essential element of it" (Para. 33 quoted from Mood para. 16). The partial forfeiture order of the sentencing judge was upheld under s. 72(1) of the Act.