This case involved a charge against an American crab fisherman of illegal fishing pursuant to s. 4(2) of the Coast Fisheries Protection Act (See the digest of the case under “Offences”). After conviction, the Crown sought a fine of $30,000, forfeiture of two crab traps seized, the proceeds from sale of the crab that was caught ($132,448) and forfeiture of a bond posted for the release of the boat in the amount of $50,000.
The mitigating factors in favour of the accused were:
1) He did not set out deliberately to flout the law;
2) He followed the directions of the D.F.O. officials and co-operated in every way;
3) He had no previous related record;
4) His behaviour could be classified as negligent in nature rather than nefarious; and
5) He had already paid a price for his actions by losing command of the fishing vessel.
On the basis of the above findings, the court declined to order forfeiture of the bond, but did order forfeiture of the traps and proceeds of sale of the catch. It also imposed a fine of $25,000.