R v. Gateway, M.J. No. 185 (Man. Prov. Ct.)

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This case involved a motion to quash 10 of 13 counts of an information. The motion was successful in quashing a number of counts on the basis that they did not state the location of the offence so as to give the court territorial jurisdiction. The motion was unsuccessful in quashing counts of the information which alleged an offence continued …

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Spain v. Canada, No. 96 (International Court of Justice)

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This case involved the seizure of the Spanish fishing vessel "Estai" while fishing on the high seas pursuant to the provisions of the Coastal Fisheries Protection Act. By way of background information, in 1995, the North Atlantic Fisheries Organization (N.A.F.O). set a total allowable catch for turbot which was roughly one half of the previous years catch and assigned 60% …

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R v. Hung Nguyen, Surrey Reg. No. 94940-01 (B.C. Prov. Ct.)

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In a prosecution under the Fisheries Act for fishing in U.S. waters, the Crown neglected to enter a document entitled “vessel licence” (presumably a Department of Transport licence). As a result, the court acquitted the accused on the basis of a failure of the Crown to prove that the fishing vessel was subject to the jurisdiction of Canada. In making …

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R v. McIntyre, N.B.J. No. 459

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This case involved a summary conviction appeal of an acquittal from charges of catching and retaining undersize clams. This case involved two fishermen who were in the water fishing for clams with a rake like tool at the time of apprehension. They had floating containers holding freshly picked clams, some of which were undersized. Despite the fact that the accuseds …

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R v. Tapper, [2001] N.J. No. 157 (Nfld. Prov. Ct.)

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This case involved a lobster fisherman who had his fishing vessel seized by the Department of Fisheries as a result of charges laid in an unrelated matter. Since his gear was in the water at the time of the seizure, he wrote to the Regional Director and sought assistance in removing his herring nets and lobster traps from the water. …

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R v. Rose, 2001 CanLII 37619

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This case was a summary conviction appeal involving an east coast halibut fisherman who was charged with exceeding the cod by-catch provisions as set out in his fishing licence. His licence provided that if a fisherman exceeds the 30 per cent by-catch level in any fishing trip, then on any subsequent fishing trip if he exceeds the 30 per cent …

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R v. Norman, 2001 CanLII 33771

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This case involved a charge under s. 33(2) of the Fishery (General) Regulations of failing to “forthwith” return incidentally caught fish. The fish in this case, were 12 dead salmon incidentally caught in a herring net set to catch bait for lobster traps. Upon being caught on the grounds with a bag containing 12 salmon, the accused gave evidence that …

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R v. Harris, [2001 N.J. No. 64 (Nfld. Prov. Ct.)

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This case involved charges against a ground fish cod fisherman for continuing to direct for skate or monkfish after landing catches in excess of his by-catch allowance. The issue was whether or not he had a defence of reasonable and honest mistake of fact. The evidence was that although the accused had been fishing for 10 years, this was the …

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R v. Boutcher, 2001 NFCA 33

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This case involved a cod fisherman who after his quota had been exhausted, used a fishing vessel licensed in his name to assist his brother in fishing his cod quota. This assistance included the following: 1) Transporting his brother across open waters to a location where the brother’s smaller vessel was tied up; 2) Removing cod from a cod bag …

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R v. Morgan, [2002] N.J. No. 15 (Nfld & Labrador P.C.)

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This case involved a charge of violating a condition of a fishing licence, namely failing to have a dockside observer supervise the unloading of a crab vessel. One issue which arose at trial was the admissibility of a computer generated replication of the fisherman’s fishing licence along with the conditions and schedules attached thereto. In allowing the licence and related …

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