Précis: A small vessel operator was found guilty of careless operation of a vessel for transiting a narrow pass on the wrong side and creating a close quarters situation with a large passenger ferry.
Full SummaryR v. v. May, 2013 CanLII 8665 (NL PC)
This case involved a fish harvester caught with crab caught under a improperly marked buoy. The crab was seized and sold for $6,832.80. After reviewing the applicable authorities including R v. Rideout, [2005] N.S.J. nO. 9 (N.S.S.C.) (digested herein), the court concluded that since it is possible that all the elements of the offence could have been established before any …
Full SummaryR v. v. Gallant, 2013 CanLII 8718 (NL PC)
R v. v. Daley, 2013 NLPC 0112A01491
This case involved a fishing vessel operator who was also an elected representative of a crab fishermen committee. Trip limits were imposed in the conditions of the crab fishing licences at the request of fish processors. For a number of years the limits had not been enforced. Prior to the fishing season in question, the accused attended a meeting with …
Full SummaryR v. v. Steer, 2013 BCPC 163
This is a fairly lengthy decision involving a large number of counts of allegations of intentional illegal fishing. The accused was convicted of all but two of the counts primarily on the basis of texts taken from a cell phone in his possession at the time of arrest.
Full SummaryR. v. Lilgert, 2013 BCSC 1329
Précis: The fourth officer of the passenger ferry “Queen of the North”, which struck Gill Island and sank on 22 March 2006, was sentenced to four years imprisonment for criminal negligence causing death.
Full SummaryR v. v. Crane
This case involved four charges including a charge of possession of undersized lobster. The issue in this case was whether the Department of Fisheries (DFO) breached the accused’s charter rights by failing to provide the accused with an adequate photographic record of the measuring of the undersized lobster that were returned to the sea after being measured. In concluding that …
R v. Arbuckle, 2013 NSSC 2
This case involved a charge under s. 44 of the Atlantic Fisheries Regulations for possession of undersize herring that was incidental catch. S. 44 of the Atlantic Fishery Regulations provided: 44. (1) Subject to subsections (2) and (4), no person shall fish for, buy, sell or have in his possession any herring that is less than 26.5 cm in length. …
Full SummaryR. v. Ralph, 2011 NLTD 10, 2013 NLCA 1
Précis: Convictions for various offences under the Canada Shipping Act against the master of a vessel that rolled over and sank were mostly upheld.
Full SummaryR v. Escott, 2012 BCSC 1922
The accused was charged with dangerous operation of a vessel causing death. The charge arose out of a collision between a vessel being operated by the accused and another vessel. A passenger in the accused’s vessel died as a result. The collision occurred at night in total darkness. The accused’s vessel was displaying no navigation or running lights. The accused’s …
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