Abuse of Process - Admiralty Law

These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

R v. Brendon Fitzpatrik, Port Hardy Prov. Ct. No. 7789 (Oral Reasons.)

In Fish Cases, Offences on July 19, 2012 (Updated July 19, 2012)

This case involved a fisher who was accused of catching and retaining fish in excess of his quota. At trial, the Crown sought to admit evidence from hail reports and daily fishing logs. The fisher successfully argued that the use of these logs violated his right to be secure from self incrimination pursuant to section 7 of the Charter. His …

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Abuse of Process - Misc. Aboriginal Communal Fishing Regulations - Offences

R v. Huovinen et al., 2000 BCCA 427

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on July 19, 2012 (Updated July 19, 2012)

This case was a test case involving a challenge to the Aboriginal Communal License Regulations. In June of 1998, D.F.O. opened a commercial fishery on the Fraser River which only members of certain Indian bands were allowed to participate in. The accused, all non aboriginals, participated in the fishery by way of protest and were charged with fishing during a …

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Abuse of Process - Court can Decline to Hear Evidence of Charter Breach - Misc. - Offences - Offender Not Excused Because Other Offenders Not Prosecuted - Procedure - Protest Fishery

R v. Armstrong, 2010 BCSC 1041

In Fish Cases, Miscellaneous, Offences on July 19, 2012 (Updated July 19, 2012)

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Abuse of Process - Other Proceedings - Practice

Seanautic Marine Inc. v. Jofor Export Incorporated, 2012 FC 328

In Admiralty Practice on March 20, 2012 (Updated July 11, 2012)

Précis: The court affirmed that dismissal of a prior proceeding without an adjudication on the merits is not a bar to later proceedings.

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Abuse of Process - Arrest - Security

North King Lodge v. The "Gowlland Chief" et al., 2003 BCSC 947

In Admiralty Practice, In Rem Actions and Arrest on June 5, 2003 (Updated June 28, 2012)

This was an application to set aside the arrest of the Defendant vessel or alternatively for setting the form and amount of security. The underlying action concerned the sinking of the Plaintiff’s vessel due to the alleged negligence of the Defendants. The motions Judge considered first whether the arrest should be set aside due to abuse of process and noted …

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