This case involved a charge under s. 33(2) of the Fishery (General) Regulations of failing to “forthwith” return incidentally caught fish. The fish in this case, were 12 dead salmon incidentally caught in a herring net set to catch bait for lobster traps. Upon being caught on the grounds with a bag containing 12 salmon, the accused gave evidence that …Full Summary
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: email@example.com CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
R v. Harris, [2001 N.J. No. 64 (Nfld. Prov. Ct.)
This case involved charges against a ground fish cod fisherman for continuing to direct for skate or monkfish after landing catches in excess of his by-catch allowance. The issue was whether or not he had a defence of reasonable and honest mistake of fact. The evidence was that although the accused had been fishing for 10 years, this was the …Full Summary
R v. Haines et al., Prov. Ct. File No. 22340/22576C
This case involved charges against of what is commonly called dual fishing. That is, fishing at the same time under the authority of both a commercial halibut licence and an aboriginal food fishing licence. Up until 1999, commercial by-catch of fish in excess of that allowed, could be relinquished to the Crown without penalty. At the same time, commercial aboriginal …Full Summary