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.

Gavin v. R, 2017 PESC 6

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a charge of fishing for lobster in a closed area. The accused’s fishing vessel was observed by a surveillance aircraft using (1) a state of the art camera, (2) a very high-powered telescope, (3) a software program that enhanced the live video, (4) radar assisted/integrated info software, (5) forward looking infrared radar, and (6) a 6,000,000 candlepower …

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R v. Oldford, 2005 NLTD 38

In Fish Cases, Fishing Prohibitions, Offences on (Updated )

This case involved a commercial lobster fish harvester and his son who plead guilty to catching five lobster for personal consumption (two of which were undersize) five days before the lobster season was scheduled to open. At the initial sentence hearing in Provincial Court, the court imposed fines of $2,500 and $1,100 for the father and son respectively and ordered …

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Greening v. Canada (Ministry of Fisheries and Oceans), 1997 CanLII 14717

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved an application for relief from forfeiture pursuant to section 75 (4) of the Fisheries Act which provides as follows: 75. (4) Where, on the hearing of an application made pursuant to subsection (1), it is made to appear to the satisfaction of the judge, (a) that the applicant is innocent of any complicity in the offence or …

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R v. Hallohan, N.J. No. 279 (NFLD. S.C.)

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved a fisher charged with recreational fishing for ground fish during a closed time. He was caught with 12 fish, was a first time offender, was not commercially trafficking in cod and plead guilty the first time the matter was brought before the court. The sentencing judge imposed a fine of $500 dollars and ordered forfeiture of his …

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R v. Mood, N.S.J. No. 59 (N.S.C.A.)

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved a fisherman convicted under section 13(1) (c) of the Atlantic Fishing Regulations of permitting his crew to haul previously set lobster traps without him (the licence holder) being aboard the vessel. Upon sentencing, the trial judge refused to apply the mandatory forfeiture provisions of section 72(1) of the Fisheries Act to the proceeds of sale of the …

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R v. The "Tahkuna", 2002 CanLII 54007

In Pollution (Ship Source) on (Updated )

This was an appeal of sentence imposed by a Provincial Court Judge. The Defendant ship was charged under the Oil Pollution Prevention Regulations of the Canada Shipping Act. The charges stemmed from a spill of approximately 1,000 litres of fuel during refuelling operations. The cause of the spill was that a valve in the overflow line had been inadvertently left …

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