R v. Sutherland

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on (Updated )

This case involved an aboriginal fisherman who delivered five pickerel caught without a commercial fishing licence to a fish plant to the account of a different fisherman holding a commercial licence. At trial, the the court gave the accused the benefit of the doubt with respect to whether or not he was "selling" the fish because he had directed the money be paid to a person other than himself.

Upon summary conviction appeal, the court held that the trial judge had "placed undue restriction on the meaning of the words "sell" or offer to sell . . . the delivery of goods to one person with payment directed to a third party falls within that definition".