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.

Calwell Fishing Ltd. v. Canada, 2016 FC 1140

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

This case was brought by a group of fish packer owners whose businesses declined to the point where they were no longer economically viable. They sought a declaration based upon the common law doctrine of "taking". They argued that the state cannot take property without compensation except where such taking is supported by clear unambiguous statutory language. They submitted that …

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R v. Rayner, 2000 NSCA 143

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a lobster fisherman charged with unlawful of possession of female crabs. The issue was whether or not the trial judge erred in rejecting opinion evidence from two fisheries officers with respect to the gender of the crabs. In doing so, he was of the view that the evidence of the Fisheries Officers was not of sufficient weight …

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