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 Fisheries law cases were prepared by retired lawyer Brad Caldwell.
Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.
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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