R v. T.&T. Fisheries Inc.

In a complicated fact situation involving a company owned fishing vessel that was illegally fishing for Lobster while the sole director was not aboard, based upon the rule in Hodge’s case (1838), 168 E.R. 1136 and circumstantial evidence produced by the Crown, the court was not prepared to convict the director for his personal involvement. The court was also not prepared to convict the licence holder on the basis of s. 78.4. It was, however, prepared to convict the corporation under s. 78.3 and the director of the corporation under s. 78.2.