Parallel Jurisdiction with respect to the seizure of fishing vessels of the Superior Courts under the Fisheries Acts and the Federal Court under its In Rem Jurisdiction

These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.

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Forfeiture of Proceeds of Sale from In Rem proceedings - Offences - Parallel Jurisdiction with respect to the seizure of fishing vessels of the Superior Courts under the Fisheries Acts and the Federal Court under its In Rem Jurisdiction - Practice

R v. Ulybel Enterprises Ltd., 2001 SCC 56

In Fish Cases, Fisheries Practice, Forfeiture, Offences on July 19, 2012 (Updated July 19, 2012)

This case involved a Canadian registered ship which was given a provisional registration in Panama without first obtaining a deletion certificate from the Canadian Registrar of Ships. It then fished in the NAFO fishing zone without a licence, which it could do legally if it was a foreign ship, but not as a Canadian ship. Pending the trial, the ship …

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