This case was summarized by the Court of Appeal as follows: "The appellant crabbing company was found guilty of “fishing for” crabs in closed waters, contrary to the Fisheries Act, R.S.C. 1985, c. F 14. It argues that the phrase “fishing for” in s. 2 of the Fisheries Act does not include the act of raising crab traps from the …
Full Summary
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. Henneberry, 2016 NSPC 6
This case involved a charge of failing to hail the accurate round weight of ground fish as required by the condition of a fishing licence. The Crown gave evidence that the round weight of the catch of halibut that was not hailed was 28 per cent of what was hailed or 22 per cent of the landed weight (para. 42.). …
Full SummaryR v. Echodh, 2015 SKPC 76
This case involved a fish harvester commercial ice fishing in Saskatchewan. He took the most profitable fish (walleye) to market but left the less profitable fish (whitefish and pike) on the ice mixed in with fish offal. After rejecting much of the evidence presented by the accused, the court convicted him under s. 92(C) of the Fisheries Regulations of wasting …
Full SummaryR v. Dempsey, 2015 NUCJ 15
This case involved a fishing vessel that was observed by a Fisheries Officer in a plane to have fishing gear in a closed area. The fisheries officer conducted an interview of the captain of the fishing vessel by radio. The accused captain attempted to exclude the evidence at trial on sections 7 and 10 of the Charter. The court rejected …
Full SummaryR v. Ai, 2014 BCSC 1350
In this case, a provincial court judge quashed a ticket information on the grounds that s. 79.7(2) of the Fisheries Act requires both the summons and the information portion of the ticket comply with all of the s. 79.7(2) requirements. In doing so, the provincial court judge found that there was an ambiguity in the wording of s. 79.7(2) and …
Full SummaryR v. v. Daley, 2013 NLPC 0112A01491
This case involved a fishing vessel operator who was also an elected representative of a crab fishermen committee. Trip limits were imposed in the conditions of the crab fishing licences at the request of fish processors. For a number of years the limits had not been enforced. Prior to the fishing season in question, the accused attended a meeting with …
Full SummaryR v. v. Steer, 2013 BCPC 163
This is a fairly lengthy decision involving a large number of counts of allegations of intentional illegal fishing. The accused was convicted of all but two of the counts primarily on the basis of texts taken from a cell phone in his possession at the time of arrest.
Full SummaryR v. Armstrong, 2012 BCCA 242
R v. Reid and Gladstone, 2006 BCPC 219
This case involved charges of offering to sell sablefish not caught under the authority of a aboriginal fishing licence. Given a total delay of 63 months and an unjustified delay of at least three years along with prejudice to the accused’s security of person, a stay of proceedings was granted.
Full Summary