This case involved a fish harvester caught with crab caught under a improperly marked buoy. The crab was seized and sold for $6,832.80.
After reviewing the applicable authorities including R v. Rideout,  N.S.J. nO. 9 (N.S.S.C.) (digested herein), the court concluded that since it is possible that all the elements of the offence could have been established before any crab were caught, forfeiture was not mandatory. However, in exercising its discretion, the court made a forfeiture order.