R v. Vanbuskirk

In Due Diligence, Fish Cases, Offences on (Updated )

This case was a summary conviction appeal by a fisherman who was convicted of failing to provide an accurate hail of the round weight of his catch. In setting aside his conviction and ordering a new trial, the court relied upon the following test as set out in R. v. Doucette (24 November 1998) No. 745660 (N.S.Prov. Ct.):

"Has the Crown proven beyond reasonable doubt that the defendant ‘failed to hail the round weight of cod and haddock, or, in other words, that the defendant failed to use his best skills and judgment in preparing the estimates on which his hail was based?"