These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

Readers are urged to consult CanLii for updates to the cases digested on this site.

R v. McKinnell Fishing Ltd., 2016 BCCA 472

In Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. Echodh, 2015 SKPC 76

In Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. Dempsey, 2015 NUCJ 15

In Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. Ai, 2014 BCSC 1350

In Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. v. Daley, 2013 NLPC 0112A01491

In Fish Cases, Offences, Officially Induced Error on (Updated )

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 …

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R v. v. Steer, 2013 BCPC 163

In Fish Cases, Miscellaneous, Offences on (Updated )

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.

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R v. Armstrong, 2012 BCCA 242

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability, Miscellaneous, Offences on (Updated )

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R v. Reid and Gladstone, 2006 BCPC 219

In Fish Cases, Miscellaneous, Offences on (Updated )

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.

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