This case involved a charge of failing to have a revival tank operating as required by a condition of the vessel owner’s fishing licence. The primary defence was that s. 22(7) of the Fishery (General) Regulations requiring compliance with conditions of licences was both outside the scope of the regulation making power granted to the the Minister by Parliament and …Full Summary
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This case involved charges against an aboriginal defendant from the Acadia First Nations for illegal fishing during a closed time for lobster near Savory Park in Digby County, Nova Scotia. At trial defences were raised based upon treaty rights, aboriginal rights and due diligence. With respect to treaty rights, since the defendant was not able to show that the Treaty …Full Summary