R v. Lee, 2011 SKPC 2
R v. Jones, 2011 NLTD 18
R v. Mission Western Development Ltd., 2012 BCCA 167
R v. Brendon Fitzpatrik, Port Hardy Prov. Ct. No. 7789 (Oral Reasons.)
This case involved a fisher who was accused of catching and retaining fish in excess of his quota. At trial, the Crown sought to admit evidence from hail reports and daily fishing logs. The fisher successfully argued that the use of these logs violated his right to be secure from self incrimination pursuant to section 7 of the Charter. His …
Full SummaryR v. Vinh Van Vuong, Delta Prov. Ct. No. 24988
The accused was charged with failing to return undersized crabs to the water " forthwith" . Because the crew were busy hauling traps off of the ground line, undersized crabs remained out of water for periods of 5 to 30 minutes before being measured and returned. The Court reviewed some of the definitions of " forthwith" and concluded that the …
Full SummaryR v. William David Sam, (Port Alberni Registry No. 17874) (B.C.S.C.)
In this case the accused was charged under the British Columbia Sports Fishing Regulations with a number of offences including snagging, and not having a sport fishing licence. In the regulations, "sport fishing" was defined as " fishing for recreational purposes" . The accused was convicted at trial. He appealed on the grounds that it had not been proven he …
Full SummaryR v. Robert E. Morreau, No. CA020828 (B.C.C.A.)
In 1994 there was a blanket ban on herring fishing for the entire west coast. This ban was modified on rare occasions to allow fishing. During a 23 minute opening in an area near Comox the accused was charged with fishing outside the open area. The order opening the area for fishing described the boundaries of the area by reference …
Full SummaryR v. Dowdle, 1997 CanLII 4618
The accused was apprehended lobster fishing at a wharf located within an area closed to fishing for lobster. The trial court acquitted the accused on the grounds that the Crown failed to prove beyond a reasonable doubt the location where the accused had been fishing. On appeal, the P.E.I. Supreme Court set aside the acquittal and convicted the accused on …
Full SummaryR v. Skinner, 1997 CanLII 14697
This case involved a vessel fishing for cod by Otter Trawl. The evidence was that the vessel had caught 60,000 lbs. of cod in a open area, but could only take 25,000 lbs. into its tanks at a time. While the first 25,000 lbs. was being processed, the cod end of the net was put back into the water to …
Full Summary