This was an aboriginal rights case where a vessel was seized as a result of a charge under the Fisheries Act. The issue was whether or not the Crown must bring an application under section 71(4) of the Fisheries Act for continued detention of a seized fishing boat within 90 days of the seizure.
Upon reviewing sections 50, 52, 71, and 72 of the Fisheries Act, the court declined to follow the decision of the British Columbia Provincial Court in R. v. Nguyen and relied upon the plain meaning of the statute to find that so long as an information has been laid time stops running and no application for continued detention is necessary.