R v. Brendon Fitzpatrik, Port Hardy Prov. Ct. No. 7789 (Oral Reasons.)

In Fish Cases, Offences on (Updated )

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 …

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R v. Vinh Van Vuong, Delta Prov. Ct. No. 24988

In Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. Skinner, 1997 CanLII 14697

In Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. Glynn, St. J. No. 1757 (NFLD. S.C.)

In Fish Cases, Miscellaneous, Offences on (Updated )

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

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