This is a case arising out of an evening stake out operation after fisheries officers noted that a boat that was usually moored in a location was missing with a pick up truck parked close by. At 9:15 p.m. the officers observed the boat motor into a harbour and then heard a boat with a distinctive sounding engine start. Shortly …
Full SummaryR v. Watson, 2007 PESCAD 18
Although the regulations infringed s. 2b charter rights, the infringements were upheld as a reasonable and demonstrably justified under s. 1(para. 31).
Full SummaryR v. Wong, 2007, BCPC 297
This case involved charges of possession of abalone against an accused who was alleged to have purchased it from a known abalone poacher who had previously plead guilty to charges of abalone poaching and been sentenced on a joint submission basis after assuring the Crown that he would fully co-operate with the Crown with respect to the prosecution of others …
Full SummaryR v. McLenaghan, 2008, NBCA 4
Given the wording of s. 78.4 of the Fisheries Act, the failure of the licence holder to sign his licence was not fatal to the Crown’s case. Editor’s note: For a case in B.C. with a similar result see: R v. Pacific Offshore Fisheries Ltd. and Frank Gordon Melan (6 January 2005) Unreported Powell River Prov. Ct. File no. 12220C2 …
Full SummaryR v. Russ, 2008 BCPC 182
This case involved an aboriginal person charged with illegal harvest of eight pieces of abalone after a park warden opened a parcel that the accused had entrusted with a Parks Canada employee to deliver to his wife. After ruling evidence of the initial opening of the parcel illegal under the Charter of Rights, the court commenced a separate voire dire …
Full SummaryR v. Barrett, 2008 CanLII 36144
This decision involved the admissibility of statements made by four seal harvesters to DFO officers in the course of an investigation on charges related to illegally selling blue back seal pelts. In each case, the accused harvesters were contacted by telephone and then interviewed by Fisheries Officers in the front seat of DFO vehicles parked in front of their homes. …
Full SummaryR v. Fitzpatrick, 2009 CANLII 2686
This case involved a father and son with long line crab fishing vessels who fished together. Since only the father’s vessel was equipped with a power hauler, they surreptitiously used the father’s vessel for hauling both sets of traps and then transferred some of the crab to the son’ s boat to be landed by the son. Applying the broad …
Full SummaryR v. Ramalheira, 2009 NLCA 4
This case involved charges against the Master of a foreign fishing vessel under the Coastal Waters Protection Act. After several trial adjournments, the Provincial Court refused an adjournment based upon the alleged poor health of the accused in part because the medical report in support of the application was "scant at best" and given the numerous prior adjournments and the …
Full SummaryR v. Beck, (2009) NWTSC 26
This case involved a accused charged with "[o]n or about September 19, 2006 . . . [d]id set unmarked fishing gear . . .". At trial, the Trial Judge refused an application under s. 601(3) of the Criminal Code to amend the Information to insert the words "operate or leave unattended" after the word "set". He did so on the …
Full SummaryR v. Tibbo, 2009 CanLII 28877
This case involved a charge of failing to comply with a licence condition requiring fish harvesters to return to the water any lobster that have previously been marked with a V notch so as to show that they are capable of spawning. At a pre-trial application, the licence conditions were challenged as (1) being ultra virus and (2) being so …
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