This case involved charges of both fishing in a closed area and possession of illegal fish against three members of the Cheam First Nation. At the end of the Crown’s case the defence brought a no evidence motion. In dismissing the no evidence motion, the court applied the broad definition of fishing contained in The Ship “Frederick Gerring Jr. v. …
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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.
R v. Tremblett, [2004] N.J. No. 247
This case involved a fishing vessel fishing with an otter trawl. Although a "fish finder" did not indicated many fish in the area and the first four trawls caught few fish, on the fifth trawl a very large number of fish were caught. An attempt was made to winch the net aboard, but it was discovered that the vessel could …
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