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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These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.
Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.
R v. Rayner, 2000 NSCA 143
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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