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R v. Donnell, 2009 BCSC 1193

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a number of charges against a fish harvester under the B.C. Sport Fishing Regulations. At trial, although it was established that the fish harvester had a fishing licence, the Crown did not lead evidence of whether it was a sports fishing licence, a food fishing licence or a commercial licence. The only evidence that was lead regarding …

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R v. Wilcox, 2001 NSCA 45

In Fish Cases, Miscellaneous, Offences, Search and Seizure on (Updated )

This case involved a large number of charges against a snow crab fisherman who was alleged to have conspired with two dockside observers to land catches of snow crab in excess of his quota. Amongst other things the case concerned the admissibility of a “fish book” containing a hand written table of dates, names, quantities of fish and values of …

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R v. King, 2008 PESCTD 18

In Fish Cases, Miscellaneous, Offences, Search and Seizure on (Updated )

Upon summary conviction appeal, the appeal court ruled that the act of waiting and watching some undersize lobster that had been discovered pursuant to a legal inspection under s. 49(1) of the Fisheries Act, "from within a warehouse, which was a limited access building that was used by a number of public agencies for various purposes" (para. 23) did not …

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F.H v. McDougall, 2008 SCC 53

In Due Diligence, Fish Cases, Miscellaneous, Offences on (Updated )

This is pronouncement by the Supreme Court of Canada on the civil burden of proof "on a balance of probabilities". Although this is not a fisheries case, since this is the burden of proof by which an accused fisher must establish a due diligence defence, it is an important decision for fisheries prosecutions. In this case the court rejected an …

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