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.

R v. Strickland, 2016 CanLII 2781 (NL PC)

In Due Diligence, Fish Cases, Miscellaneous, Offences, Search and Seizure on (Updated )

This case involved a fisheries officer and two fisheries guardians who were conducting a patrol in a Zodiac when they observed the accused in his dory. Although they were some distance away, they thought they observed him fishing. The fisheries officer motioned for the accused to come over to the fishing vessel, but instead the accused drove his dory on …

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R v. Classic Smokehouse (2003) Inc., 2012 BCPC 232

In Fish Cases, Offences, Search and Seizure on (Updated )

Editor’s note: This entire decision deal with the question of whether fish seized pursuant to the Criminal Code should be detained for a period in excess of 90 days. However, it is arguable that the Criminal Code is not applicable to either the seizure of fish or for orders for continued detention. In this regards see R.v. Ulybel Enterprises Ltd., …

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R v. Grant, 2009 SCC 32

In Fish Cases, Offences, Search and Seizure on (Updated )

This is a non-fisheries decision that purports to provide a new analytical framework for (1) determining whether or not there has been a detention for the purpose of ss. 9 and 10(b) of the Charter; and (2) determining whether or not to exclude illegally obtained evidence under s. 24(2). With respect to its application to fisheries cases, at paragraphs 78 …

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R v. Kinnear, 1997 CanLII 4567

In Fish Cases, Offences, Search and Seizure on (Updated )

Fisheries officers on a patrol had a suspicion that the accused might have undersize lobster on his vessel but did not have reasonable and probable grounds for believing so. Undersize lobsters were found as a result of a search /inspection of the vessel. The issue was whether the officers searched the vessel under section 49.1 of the Fisheries Act which …

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R v. Wilcox, 2001 NSCA 45

In Fish Cases, Miscellaneous, Offences, Search and Seizure on (Updated )

This case involved a large number of charges against a snow crab fisherman who was alleged to have conspired with two dockside observers to land catches of snow crab in excess of his quota. Amongst other things the case concerned the admissibility of a “fish book” containing a hand written table of dates, names, quantities of fish and values of …

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R v. Peter Paul, 2001 NSPC 1

In Fish Cases, Offences on (Updated )

This was an aboriginal rights case where a vessel was seized as a result of a charge under the Fisheries Act. The issue was whether or not the Crown must bring an application under section 71(4) of the Fisheries Act for continued detention of a seized fishing boat within 90 days of the seizure. Upon reviewing sections 50, 52, 71, …

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R v. Rhyno, 2002 NSPC 8

In Fish Cases, Miscellaneous, Offences, Search and Seizure on (Updated )

This case involved a crab boat that was owned by a group of fishermen who were under suspicion for illegal crab fishing. Although the vessel had not engaged in commercial fishing for some time, it was outfitted for fishing, it was tied up to a dock with crab traps piled upon it, and on the day in question, it had …

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R v. Stengler, 2003 SKPC 119

In Fish Cases, Offences, Search and Seizure on (Updated )

This case involved a charge of exceeding a possession limit arising out of evidence obtained during a roadside search of a motor vehicle. The search was performed pursuant to s. 24 of the Fisheries Act (Saskatchewan), 1994. This section allows for search of a motor vehicle “[w]here due to circumstances, time or location, there could reasonably be expected to be …

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