Précis: The court declared that service of a summons on the ship’s Master was valid service on the accused operator of the ship.
Full SummaryAlassia Newships Management Inc. v. British Columbia, 2017 BCSC 2181, 2018 BCCA 92
Précis: The British Columbia Supreme Court dismissed an application for certiorari and prohibition relating to an order of a Justice of the Peace validating service of a summons against a ship manager by serving a Master of a managed ship. On appeal, the Court of Appeal held the ship manager had not been properly served and the Provincial Court was without jurisdiction.
Full SummaryGriffin v. R, 2017 PESC 11
Section 78.4 of the Fisheries Act provides that: “In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person in respect of any matter relating to any operations under a lease or licence issued to the accused pursuant to this Act or the regulations, whether or …
Full SummaryR v. Dudoward et al.
Four vessel operators were charged with gill net fishing for salmon in a closed area after drifting from an open area into a closed area. The open area was open to fishing for a number of different species of salmon but closed for chum salmon because there was a run of chum salmon in the vicinity that was endangered. The …
R v. Harris, 2016 CanLii 81499
This case involved a crab fishing vessel that was required under its licence to have the licence holder or a designated operator on board the fishing vessel at all times when fishing and offloading. When the licence holder could not be on board the fishing vessel because of health reasons, she and her son attempted to have a new crew …
Full SummaryR v. McKinnell Fishing Ltd., 2016 BCCA 472
This case was summarized by the Court of Appeal as follows: "The appellant crabbing company was found guilty of “fishing for” crabs in closed waters, contrary to the Fisheries Act, R.S.C. 1985, c. F 14. It argues that the phrase “fishing for” in s. 2 of the Fisheries Act does not include the act of raising crab traps from the …
Full SummaryR v. Preston Grandy, 2016 CanLII 12896 (NL PC)
This is a fairly straightforward case where the accused was found guilty of all of the charges.
Full SummaryR v. Martin, 2016 NSPC 14
The summary as included in the judgement is as follows: Beginning in 1994 and in each ensuing year the federal Department of Fisheries and Oceans entered into Agreements with the Waycobah First Nation concerning, among other things, a food, social and ceremonial fishing allocation to members of that aboriginal community. These Agreements emanated from an Aboriginal Fishing Strategy created in …
Full SummaryR v. Fudge, 2016 CanLII 25433
This case involved a fish harvester who plead guilty to catching undersize whelk. After a general review of the principals of sentencing for fisheries matters, the court dealt with the issue of forfeiture of the catch. In doing so it said "[T]he amount of the fine must be set in conjunction with the issue of forfeiture. The fact there has …
Full SummaryR v. Henneberry, 2016 NSPC 6
This case involved a charge of failing to hail the accurate round weight of ground fish as required by the condition of a fishing licence. The Crown gave evidence that the round weight of the catch of halibut that was not hailed was 28 per cent of what was hailed or 22 per cent of the landed weight (para. 42.). …
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