This case involved an appeal from a sentence imposed for fishing cod during a closed time. Upon appeal, the court upheld a crown appeal of an $800 fine as too low and set aside a forfeiture of boat and motor belonging to one of the accuseds. In doing so, Dymond J. reviewed some of the prior authorities and said as follows:
Fines are such that they range in maximums that should deter people from fishing out of season. The forfeiture should therefore be looked upon as additional punishment for the more serious offences under the Fisheries Act. Otherwise the wording “in addition to any punishment imposed”, would make little sense if forfeiture was to go in every case. The fact that forfeiture is made discretionary means it should not always be granted because the Crown requests forfeiture.