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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Kelley v. Canada, (Sept. 7, 1997) T-1832-6 (Federal Court)

In Fish Cases, Offences, Sanctions on (Updated )

Mr. Justice MacKay followed his early decision in R. v. Mathews (digested herein) to hold that the Minister of Fisheries cannot use section 7 of the Fisheries Act to impose licence sanctions. In doing so, he distinguished Comeau Seafoods Ltd. v. Canada (digested herein). He then went on to hold that even if he is wrong, the imposition of a …

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Mathews v. Canada, No. A-677-96 (Fed. C.A.)

In Fish Cases, Offences, Sanctions on (Updated )

This case involved an East Coast snow crab fisherman who allegedly failed to comply with the terms and conditions of his licence by both failing to hail before changing areas and exceeding his quota on three different occasions. Although a prosecution in the courts was commenced, instead of continuing the prosecution, the Department of Fisheries decided to seek a licence …

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Comeau's Sea Foods Ltd. v. Canada (Minister of Fisheries and Oceans), [1997] 1 SCR 12

In Fish Cases, Judicial Review/Crown Liability on (Updated )

In 1987 the Minister of Fisheries sent the Plaintiff, fishing company, a telex advising that he had authorized the issuance of 4 offshore lobster licences. The Plaintiff then provided the Minister with details of its fishing plans, including the fact that it would be converting its scallop vessels into lobster fishing vessels. After the initial notification, the issuance of the …

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Puddister Trading Corporation Ltd. v. Canada, 1997 CanLII 5145

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved an application by a licence holder for compensation arising out of the closure of the offshore seal fishery of Newfoundland. While the plaintiff was not successful in its primary objective, of obtaining compensation for the closure of the fishery, it obtained limited success in obtaining damages against the Department of Fisheries and Oceans (D.F.O.) for the failure …

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