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. Vinh Van Vuong, Delta Prov. Ct. No. 24988

In Fish Cases, Miscellaneous, Offences on (Updated )

The accused was charged with failing to return undersized crabs to the water " forthwith" . Because the crew were busy hauling traps off of the ground line, undersized crabs remained out of water for periods of 5 to 30 minutes before being measured and returned. The Court reviewed some of the definitions of " forthwith" and concluded that the …

Full Summary
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R v. McIntyre, N.B.J. No. 459

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a summary conviction appeal of an acquittal from charges of catching and retaining undersize clams. This case involved two fishermen who were in the water fishing for clams with a rake like tool at the time of apprehension. They had floating containers holding freshly picked clams, some of which were undersized. Despite the fact that the accuseds …

Full Summary