R v. Tammark

In Fish Cases, Fisheries Practice on (Updated )

This is not a fisheries case, but the decision of R. v. Hertel (1986) 32 C.C.C. 93d) 335 (B.C.S.C.) referred to herein, could be useful when interpreting s. 71(2) of the Fisheries Act. This section provides that “a court may order any fish or other thing seized under this Act to be returned to the person from whom it was seized if security is given to Her Majesty in a form and amount that is satisfactory to the Minister.” On the basis of Hertel, it could be argued that the portion of this section giving the Minister rather than the court the discretion to fix the amount of security is contrary to the doctrine of separation of powers and independence of the judiciary.