This case involved a charge against a west coast trawl fisherman for fishing over a fishing area boundary line into a closed area that was delineated as being on the seaward side of a 40 fathom contour line. At trial, the court relied upon evidence from a navigator who used a global positioning device (G.P.S.) to go to the co-ordinates …
Full SummaryR v. Kearly, [2004] N.J. NO. 168
R v. Jimmy, 2004 BCSC 997
R v. Anderson, 2004 BCSC 1745
This case involved charges of fishing during a closed time against 40 commercial fishermen who were protesting the refusal of the Department of Fisheries and Oceans (“D.F.O.”) to open the fishery. At a sentencing hearing, the court extensively reviewed the evidence regarding the extremely large run size and the inequities surrounding the Aboriginal Pilot Sales fishery that was allowed to …
Full SummaryR v. V.F. Pacific Offshore Fisheries Ltd. and Frank Gordon Melan, Unreported Powell River Prov. Ct. file no. 12220C2
This case involved an accused who was charged with a number of offences which included an averment that he was fishing under the authority of a fishing licence. At trial the Crown entered into evidence an unsigned certified copy of a licence produced from the records of the D.F.O. licence unit. This licence contained a term that it was not …
Full SummaryR v. Murray, 2005 BCPC 511
This case involved a charge of failing to have a revival tank operating as required by a condition of the vessel owner’s fishing licence. The primary defence was that s. 22(7) of the Fishery (General) Regulations requiring compliance with conditions of licences was both outside the scope of the regulation making power granted to the the Minister by Parliament and …
Full SummaryR v. Nguyen, 2006 BCSC 1500
This case involved a charge against a crab fish harvester who was caught hauling his crab traps more than once per day contrary to the conditions of his crab licence. During final argument after electing to call no evidence, defence counsel objected to the charge on the grounds that it did not disclose an offence known to law. In particular, …
Full SummaryR v. Caines, 2007 CanLII 7
This case involved a shrimp trawler who was charged with failing to maintain a distance of at least one-half nautical mile between his vessel, including any mobile gear attached thereto, and any previously set fishing gear. Based upon circumstantial type evidence, the court was prepared to find that the fisher had failed to keep his shrimp trawl at lease one …
Full SummaryCanada v. White, 2006 NLCA 71
This case involved charges against a person who was observed removing three salmon from a net in an area closed to fishing. At issue, was the definition of the term "fishing" as defined in the Fisheries Act and subsequent jurisprudence. At trial the accused was convicted of possession of fish, but acquitted on the charge of fishing. The grounds for …
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