This case involved charges under s. 48 of the Atlantic Fisheries Regulations for possessing undersize mackeral that were incidental catch. Section 48 of the Regulations provides as follows: (1)Subject to ss. (2) and (4), no person shall fish for, buy, sell or have in his possession any mackerel that is less than 25 cm in length. (2) Subsection (1) does …
Full SummaryR v. Henneberry, 2009 NSCA 112
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Full SummaryR v. Walsh, 2010 NLTD 77
R v. Francis, 2003 NSPC 20
This case involved charges against an aboriginal defendant from the Acadia First Nations for illegal fishing during a closed time for lobster near Savory Park in Digby County, Nova Scotia. At trial defences were raised based upon treaty rights, aboriginal rights and due diligence. With respect to treaty rights, since the defendant was not able to show that the Treaty …
Full SummaryR. v. M/V "Kathy L" et al., 2010 BCPC 30
This case concerned the sinking of a barge while it was being towed which resulted in escape of pollutants. Charges were laid against the owner of the barge as well as the towing company and the captain of the tug. The Court dismissed the charges against all defendants except for the owner of the barge. The Court found that the …
Full SummaryR. v. Bridle, 2008 BCPC 52
This case arose out of a collision at night between two pleasure craft, one of which was at anchor. At the time of the collision the anchored vessel was not displaying the all-round white light required by the Collision Regulations. The accused was the owner/operator of the anchored vessel. The accused said that he only learned the anchor light was …
Full SummaryR. v. Cloutier, 2007 QCCQ 13533
This case arose out of a collision in the St. Lawrence Seaway between a freighter and a sail boat. Two of the four crew of the sailboat died as a result of the collision. The Pilot of the freighter was charged with failing to comply with the Collision Regulations. The Court extensively reviewed the evidence and ultimately dismissed the charges …
Full SummarySecunda Marine Services Ltd. v. Liberty Mutual Insurance Co., 2006 NSCA 82
The Plaintiff’s vessel lost its propeller when its tail shaft broke while towing a barge. The cost of salvage and repairs was approximately $700,000. The vessel was insured at the material times by the Defendant pursuant to a policy that incorporated the Institute Time Clauses (Hulls) amended to include a Liner Negligence clause in place of the standard Inchmaree clause. …
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