These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

Readers are urged to consult CanLii for updates to the cases digested on this site.

R v. Duncan, 2015 BCPC 176

In Fish Cases, Offences, Officially Induced Error on (Updated )

This case involved a commercial salmon seine fishery that for some time had been pooled in the sense that only some of the available fishing vessel are allowed to participate in the fishery. In the past, vessels that were assigned a catch in the pool, but did not have the required license to fish, purchased temporary assignments of licenses from …

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R v. Derry, 1999 CanLII 6251

In Fish Cases, Offences, Officially Induced Error on (Updated )

This case involved a master and vessel owner who were charged with exceeding the amount of catch provided by their halibut quota after they failed to properly process the papers necessary for the transfer of a second quota to their vessel. The summary conviction appeal court upheld the conviction imposed by the trial court after rejecting a defence based upon …

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R v. Rideout, 2003 NSPC 5

In Due Diligence, Fish Cases, Offences on (Updated )

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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