These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

Readers are urged to consult CanLii for updates to the cases digested on this site.

R v. Russ, 2008 BCPC 182

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved an aboriginal person charged with illegal harvest of eight pieces of abalone after a park warden opened a parcel that the accused had entrusted with a Parks Canada employee to deliver to his wife. After ruling evidence of the initial opening of the parcel illegal under the Charter of Rights, the court commenced a separate voire dire …

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Laudon v. Roberts, 2007 CanLII 12208

In Admiralty Practice, Experts and Expert Evidence on (Updated )

The issue in this application was the admissibility of an expert report. The reports were challenged, inter alia, on the grounds that they were not necessary, that they usurped the function of the judge or jury, and that they contained opinions on matters of law. The Court reviewed both reports which contained assessments of negligence, interpreted and applied the Collision …

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