This was a summary conviction appeal, which involved charges against the owner of a licensed fishing vessel, who used his fishing vessel at a time the commercial lobster fishery was closed, in order to assist a native person who was fishing pursuant to an aboriginal licence. According to the findings of the trial judge, the vessel owner was assisting the …
Full Summary
These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.
Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.
R v. Harris, [2001 N.J. No. 64 (Nfld. Prov. Ct.)
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 …
Full SummaryR v. Barrett, 2009 NLPC 1122
This case involved charges against a large number of seal harvesters for having sold "blueback seal pelts" contrary to the Marine Mammal Regulations. It is related to the case of R. v. Shiner, [2008] N.J. NO. 10. At trial a number of defences were raised. With respect to the defence of mistake of fact, the mistake alleged was a mistaken …
Full SummaryR v. Rideout, 2003 NSPC 5
This case involved a crab fisherman who was charged with contravening a condition of his licence that only allowed him to fish in sub-area 23d. At trial it was established that the accused was fishing outside sub-area 23d based upon a mistaken but honest belief that he was inside sub-area 23d. At issue in the case was the application of …
Full SummaryR v. Kinghorne, 2003 NBQB 341
This case involved a charge of having on board a fishing vessel scallops having more than the permitted average count of 45 meats per 500 grams. At trial a number of defences were raised including (1) illegal search, (2) due diligence, and (3) mistake of fact. With respect to the due diligence and mistake of fact defences, the accused unsuccessfully …
Full SummaryR v. Croft, 2003 NSCA 368
This case involved a fisherman who was charged with catching six undersize lobsters out of a total catch of 100 to 150 lbs of lobsters. Despite evidence that he used a properly calibrated measuring device, the trial judge rejected a due diligence defence and apparently a separate defence based upon the maxim de minimus non curat lex (the law does …
Full SummaryR v. Quinlan Brothers Ltd., 2011 NLCA 22
This case involved a fish processing company and its two weigh masters who were charged with under-reporting the weight of a load of snow crab by approximately 5,000 pounds. At trial, the second weigh master advanced a defence of mistake of fact and the fish processor advanced a defence of due diligence. With respect to the mistake of fact defence, …
Full SummaryR v. Patey, 2008 CanLII 2132
This case involved a angler who was observed by fisheries guardians to be in possession of two recently caught salmon with fish tags that had been affixed in a manner that allowed them to be removed and re-used. At trial, the anglers son gave evidence that he placed drinking straws into the locking mechanism without his father’s knowledge or consent. …
Full Summary