R v. Q.M.P. Fisheries Ltd. et al, 2001 BCPC 210

In Aboriginal Rights/Defences, Fish Cases, Offences, Search and Seizure on (Updated )

This case involved charges of buying and selling salmon caught under the authority of a food fishing licence. This judgment was a ruling on a voice dire concerning the admissibility of documents seized under the authority of two search warrants issued under s. 487 of the Criminal Code. The court reviewed the affidavits filed in support of the affidavits and …

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R v. George, 2002 BCPC 207

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

This case involved a charge against a First Nations defendant of offering to sell fish that was not caught under the authority of a fishing licence. At the commencement of the trial, the defence made an application for a judicial stay on the grounds that, “[t]hese delays have caused our clients, one of whom is an elder, considerable expense both …

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R v. Peter Paul, 2002 NSPC 25

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

This case involved illegal fishing charges against two First Nations defendants who wished to assert a defence based upon a Marshal type treaty right. Upon reviewing all of the facts, the court distinguished R. v. MacDonald [2001] N.S.J. No. 368 (N.S.C.A.) (digested herein) and granted state funded assistance on the basis of the test set out in R. v. Rowbotham …

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R v. Francis, 2003 NSPC 20

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

This case involved charges against an aboriginal defendant from the Acadia First Nations for illegal fishing during a closed time for lobster near Savory Park in Digby County, Nova Scotia. At trial defences were raised based upon treaty rights, aboriginal rights and due diligence. With respect to treaty rights, since the defendant was not able to show that the Treaty …

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R v. Boudreau, 2009 NSPC 7

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

This case involved charges of illegal fishing for snow crab pursuant to Aboriginal Communal Fishing Regulations. When defence council discovered that the Band Council of the First Nation that that issued the Communal Fishing licences had discussed the case with several Government officials, including enforcement officers, he sought production of any reports and/or e-mails resulting from that meeting. After reviewing …

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R v. Cardinal, 2010 ABQB 673

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

In this case, the trial court rejected a long list of defences based upon the inter-relationship between Treaty 6 rights and the Natural Resources Transfer Agreement ("NRTA"). With respect to the interjurisdictional immunity doctrine, the court concluded that since the Provincial hunting and fishing laws could not go the the "core of Indianness" because their Treaty right to sell fish …

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Gladstone v. Canada, 2005 SCC 21

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice on (Updated )

This case involved a quantity of herring spawn on kelp that was seized pursuant to s. 58(1) of the Fisheries Act (1970) and subsequently sold pursuant to s. 58(1) and paid into the consolidated revenue fund. After a successful appeal by the fishermen to the Supreme Court of Canada, the matter was eventually stayed by the Crown and the proceeds …

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R. v. Atlantic Towing Ltd., 2011 NSPC 10

In Offences in a Marine Context on (Updated )

The defendant was charged under s. 118 of the Canada Shipping Act with having taken actions “that might jeopardize the safety of a vessel or of persons on board”. The charges stemmed from a sinking of one of the defendant’s vessel in adverse weather. All crew members were saved. At the time of the sinking the vessel did not have …

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R. v. M/V "Kathy L" et al., 2010 BCPC 30

In Pollution (Ship Source) on (Updated )

This case concerned the sinking of a barge while it was being towed which resulted in escape of pollutants. Charges were laid against the owner of the barge as well as the towing company and the captain of the tug. The Court dismissed the charges against all defendants except for the owner of the barge. The Court found that the …

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