R v. Vanbuskirk, 1999 CanLII 2346

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This case was a summary conviction appeal by a fisherman who was convicted of failing to provide an accurate hail of the round weight of his catch. In setting aside his conviction and ordering a new trial, the court relied upon the following test as set out in R. v. Doucette (24 November 1998) No. 745660 (N.S.Prov. Ct.): "Has the …

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R v. Chung Hoa Truong and Ca Lun Ung, (Surrey Registry No. 106791-01)

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This cased involved a charge of fishing for crabs in waters which were other than Canadian waters. At trial, expert evidence was lead with respect to the difficulty of determining one’s precise position in relation to the border because of such factors as the unreliability of range markers and global positioning systems and the difficulty of precise navigation in rough …

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R v. Hennebery, 2001 NSPC 25

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This case involved the Atlantic Tuna fishery. As a result of an excessive swordfish by catch, D.F.O. negotiated a deal to get extra swordfish quota from Nova Scotia Swordfish Association. This allowed 12 vessels to continue fishing tuna, each with a swordfish by catch allowance of 1.2 tonnes. After being caught exceeding his quota, the accused attempted a due diligence …

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R v. Kavanagh, [2002] N.J. No. 124

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This case involved a charge against a crab fisherman under s. 63(3) of the Fisheries Act of producing a fishing log with a misleading or false estimate of the size of his catch. Evidence was lead at trial that although discrepancy of 5 to 10 per cent was not uncommon, the actual catch of the fisherman was 33.6 per cent …

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R v. Rideout, 2003 NSPC 5

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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 …

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R v. Puratich, Port Alberni Registry No. 30568(B.C. Prov. Ct.)

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This case involved charges against a fisherman of landing halibut contrary to his commercial trawl licence on three different occasions. This licence provided that the fisherman could land an unlimited amount of turbot but only a set quota of other species caught as a by-catch. When these quotas are reached the vessel must stop fishing. The vessel is not allowed …

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R v. Cox, 2003 NLSCTD 56

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This was a summary conviction appeal of a case that involved a charge against the owner of a ground fish vessel for continuing to fish for a species (cod, plaice and halibut) after his allowable by-catch had been exceeded. Upon appeal, the following issues were raised: Correct interpretation the licence condition regarding when one must stop fishing because of incidental …

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R v. Kinghorne, 2003 NBQB 341

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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 …

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R v. Croft, 2003 NSCA 368

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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 …

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