Alassia Newships Management Inc. v. British Columbia, 2017 BCSC 2181, 2018 BCCA 92

In Offences in a Marine Context on (Updated )

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.

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Griffin v. R, 2017 PESC 11

In By Licence Holders and Employers, Due Diligence, Fish Cases, Offences on (Updated )

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 …

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R v. Dudoward et al.

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

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

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

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 …

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R v. McKinnell Fishing Ltd., 2016 BCCA 472

In Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. Martin, 2016 NSPC 14

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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R v. Fudge, 2016 CanLII 25433

In Fish Cases, Forfeiture, Offences on (Updated )

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 …

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