This was a summary conviction appeal, which involved charges against the owner of a licensed fishing vessel, who used his fishing vessel at a time the commercial lobster fishery was closed, in order to assist a native person who was fishing pursuant to an aboriginal licence. According to the findings of the trial judge, the vessel owner was assisting the …Full Summary
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: email@example.com CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Canada v. White, 2006 NLCA 71
This case involved charges against a person who was observed removing three salmon from a net in an area closed to fishing. At issue, was the definition of the term "fishing" as defined in the Fisheries Act and subsequent jurisprudence. At trial the accused was convicted of possession of fish, but acquitted on the charge of fishing. The grounds for …Full Summary
Chief Percy Williams et al. v. Minister of Fisheries and Oceans and Heritage Salmon Ltd., 2003 FCA 484
This case involved an application by the Chief Percy Williams on behalf of the members of the Twicksutaineuk/Ah-kwa-mish Tribes for judicial review of a decision of the Minister of Fisheries to issue a Marine Mammal Predator licence to a fish farm for the purpose of killing of problem seals and seal lions. As a preliminary matter, the court had to …Full Summary