validity of variation order

These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

R v. McDonald, 2011 BCPC 75

In Fish Cases, Miscellaneous, Offences on August 20, 2012 (Updated August 20, 2012)

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closed season - Offences - validity of variation order

R v. Corcoran, N.J. No. 180 (Nfld. S.C.)

In Fish Cases, Offences, Variation Orders on July 17, 2012 (Updated July 17, 2012)

This case involved a variation order which declared that fishing was prohibited in a local area "beginning on January 1 and ending on December 31". The trial judge ruled that the variation order was vague and that it failed to properly prohibit fishing during a "specified period" as within the meaning of the Act. The appeal was allowed and the …

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