These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca CV: Link.

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

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R v. T.&T. Fisheries Inc., [2005] P.E.I.J. No. 74

In By Licence Holders and Employers, Fish Cases, Miscellaneous, Offences on (Updated )

In a complicated fact situation involving a company owned fishing vessel that was illegally fishing for Lobster while the sole director was not aboard, based upon the rule in Hodge’s case (1838), 168 E.R. 1136 and circumstantial evidence produced by the Crown, the court was not prepared to convict the director for his personal involvement. The court was also not …

Full Summary
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R v. Kukuljan and Emil K. Fishing Corp., 2008 BCCA 490

In By Licence Holders and Employers, Fish Cases, Offences on (Updated )

This case involved charges against the the owner of a salmon fishing vessel for unlawfully retaining incidental catch of sockeye and coho salmon. Since the owner of the vessel was not aboard at the time of the offence, the owner was charged under both s. 78.3 of the Act with respect to liability of employers and s. 78.4 with respect …

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