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. Robert E. Morreau, No. CA020828 (B.C.C.A.)

In Fish Cases, Miscellaneous, Offences on (Updated )

In 1994 there was a blanket ban on herring fishing for the entire west coast. This ban was modified on rare occasions to allow fishing. During a 23 minute opening in an area near Comox the accused was charged with fishing outside the open area. The order opening the area for fishing described the boundaries of the area by reference …

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R v. Dowdle, 1997 CanLII 4618

In Fish Cases, Miscellaneous, Offences on (Updated )

The accused was apprehended lobster fishing at a wharf located within an area closed to fishing for lobster. The trial court acquitted the accused on the grounds that the Crown failed to prove beyond a reasonable doubt the location where the accused had been fishing. On appeal, the P.E.I. Supreme Court set aside the acquittal and convicted the accused on …

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R v. Skinner, 1997 CanLII 14697

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a vessel fishing for cod by Otter Trawl. The evidence was that the vessel had caught 60,000 lbs. of cod in a open area, but could only take 25,000 lbs. into its tanks at a time. While the first 25,000 lbs. was being processed, the cod end of the net was put back into the water to …

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R v. Smith, 1996 CanLII 2803

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

The accused was the owner of a gill net vessel which participated in a commercial chum opening. His regular deckhand was not available and he was therefore required to hire another experienced deckhand. Before doing so, he obtained the recommendation of a previous employer of the deckhand. Evidence was led that it was common practice for gill net vessels to …

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R v. Biggin, 2007 CanLII 13690

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

This case involved a commercial crab fisher whose marked crab traps were found well within a closed area. After a useful review of the law regarding due diligence, mistake of fact, the definition of "fishing" and the onus of proof, the court rejected a due diligence defence on the following basis: In this case, the crab pots were well within …

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