R v. Shears, 2011 CarswellNfld 224
R v. McDonald, 2011 BCPC 75
R v. Lee, 2011 SKPC 2
R v. Brendon Fitzpatrik, Port Hardy Prov. Ct. No. 7789 (Oral Reasons.)
This case involved a fisher who was accused of catching and retaining fish in excess of his quota. At trial, the Crown sought to admit evidence from hail reports and daily fishing logs. The fisher successfully argued that the use of these logs violated his right to be secure from self incrimination pursuant to section 7 of the Charter. His …
Full SummaryR v. Vinh Van Vuong, Delta Prov. Ct. No. 24988
The accused was charged with failing to return undersized crabs to the water " forthwith" . Because the crew were busy hauling traps off of the ground line, undersized crabs remained out of water for periods of 5 to 30 minutes before being measured and returned. The Court reviewed some of the definitions of " forthwith" and concluded that the …
Full SummaryR v. Skinner, 1997 CanLII 14697
This case involved a vessel fishing for cod by Otter Trawl. The evidence was that the vessel had caught 60,000 lbs. of cod in a open area, but could only take 25,000 lbs. into its tanks at a time. While the first 25,000 lbs. was being processed, the cod end of the net was put back into the water to …
Full SummaryR v. Nickerson, 1997 CanLII 2809
This case involved a string of 30 tagless traps with 5 traps at the end of the string with tags attached which had been issued to the accused. The Appeal Court upheld the conviction which was based primarily on circumstantial evidence.
Full SummaryR v. Jackson, 1997 CanLII 1539
This case involved proof that a fisher has exceeded his allowable catch of haddock by way of circumstantial evidence. The Court of Appeal adopted R. v. Jenkins (1908), 14 C.C.C. 21 (B.C.C.A.) and confirmed that the accused does not have to explain away suspicious circumstances.
Full SummaryR v. Glynn, St. J. No. 1757 (NFLD. S.C.)
On a summary conviction appeal, the court confirmed that upon receiving a request from D.F.O., an agent hired by the owner of a fishing vessel to monitor offloading of fish, has an obligation to report catch information to D.F.O. Counsel for the Crown: Anne Fagan Counsel for the Accused: Robert Buckingham
Full Summary