This case involved a fish harvester who was charged with failing to comply with a term of his licence requiring his herring net to be set one fathom below the surface. At trial, a fishery guardian testified to finding the net in question attached to some buoys and floating less than one fathom below the surface. He also testified 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. The Elm, (May 5, 1998) Nfld. Prov. Ct.
In this matter the "Elm", a lumber carrier, and her Master, Chief Engineer and Second Engineer were charged with various pollution offences. The charges arose when a Fisheries Surveillance aircraft observed an oil slick off the south coast of New Foundland on November 23, 1996. The slick was approximately 20 metres in width and 59 nautical miles long. The Fisheries …
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