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. Corcoran, N.J. No. 180 (Nfld. S.C.)

In Fish Cases, Offences, Variation Orders on (Updated )

This case involved a variation order which declared that fishing was prohibited in a local area "beginning on January 1 and ending on December 31". The trial judge ruled that the variation order was vague and that it failed to properly prohibit fishing during a "specified period" as within the meaning of the Act. The appeal was allowed and the …

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R v. Corcoran, 1999 CanLII 19147

In Fish Cases, Offences, Variation Orders on (Updated )

This case involved a charge against an inshore cod fisherman for fishing during a closed time (see digest of earlier decision from this case in 1997). This case is a summary conviction appeal on the grounds that the Regional Director General improperly delegated his authority to sign a variation order closing the fishery. After reviewing the authorities, and concluding that …

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