The accused was charged with dangerous operation of a vessel causing death and two counts of dangerous operation of a vessel causing bodily harm. The charges stem from an incident on 1 August 2008 when a vessel he was driving collided with an island at night. At the time the vessel was proceeding at a rate of speed of approximately …
Full SummaryR v. Classic Smokehouse (2003) Inc., 2012 BCPC 232
Editor’s note: This entire decision deal with the question of whether fish seized pursuant to the Criminal Code should be detained for a period in excess of 90 days. However, it is arguable that the Criminal Code is not applicable to either the seizure of fish or for orders for continued detention. In this regards see R.v. Ulybel Enterprises Ltd., …
Full SummaryR v. Armstrong, 2012 BCCA 242
R v. Reid and Gladstone, 2006 BCPC 219
This case involved charges of offering to sell sablefish not caught under the authority of a aboriginal fishing licence. Given a total delay of 63 months and an unjustified delay of at least three years along with prejudice to the accused’s security of person, a stay of proceedings was granted.
Full SummaryWeaver v. R., 250 NBR (2d) 27
R v. Cox, 2007 CanLII 4673 (NL PC)
Upon making an order for the forfeiture of a boat and outboard motor, the court said that: In determining the nature of any fine which is appropriate must consider any forfeiture order in applying the totality principle of sentencing (see R. v. Spellacy (1995), 131 Nfld. & P.E.I.R. 127 (N.L.C.A.)) . . . If counsel seek to persuade a Court …
Full Summary