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. McKinnell Fishing Ltd., 2016 BCCA 472

In Fish Cases, Miscellaneous, Offences on (Updated )

This case was summarized by the Court of Appeal as follows: "The appellant crabbing company was found guilty of “fishing for” crabs in closed waters, contrary to the Fisheries Act, R.S.C. 1985, c. F 14. It argues that the phrase “fishing for” in s. 2 of the Fisheries Act does not include the act of raising crab traps from the …

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R v. v. Steer, 2013 BCPC 163

In Fish Cases, Miscellaneous, Offences on (Updated )

This is a fairly lengthy decision involving a large number of counts of allegations of intentional illegal fishing. The accused was convicted of all but two of the counts primarily on the basis of texts taken from a cell phone in his possession at the time of arrest.

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R v. Tapper, [2001] N.J. No. 157 (Nfld. Prov. Ct.)

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a lobster fisherman who had his fishing vessel seized by the Department of Fisheries as a result of charges laid in an unrelated matter. Since his gear was in the water at the time of the seizure, he wrote to the Regional Director and sought assistance in removing his herring nets and lobster traps from the water. …

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R v. Boutcher, 2001 NFCA 33

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a cod fisherman who after his quota had been exhausted, used a fishing vessel licensed in his name to assist his brother in fishing his cod quota. This assistance included the following: 1) Transporting his brother across open waters to a location where the brother’s smaller vessel was tied up; 2) Removing cod from a cod bag …

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R v. Kelly, 2003 NBQB 148

In Fish Cases, Miscellaneous, Offences on (Updated )

This was a summary conviction appeal by the Crown of an acquittal from a charge of fishing with an unregistered vessel. The unregistered vessel was a large scow that was being towed by a smaller registered scow for the purpose of attending a trap net set in the Miramichi River. Upon reaching the net, the larger scow was detached and …

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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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