Whether forfeiture mandatory or discretionary

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.

$6 - 832 worth of crab - Forfeiture - Offences - Operating fishing gear marked with a vessel registration number not set out in the licence authorizing the use of the gear - Whether forfeiture mandatory or discretionary

R v. v. May, 2013 CanLII 8665 (NL PC)

In Fish Cases, Forfeiture, Offences on August 28, 2013 (Updated August 28, 2013)

This case involved a fish harvester caught with crab caught under a improperly marked buoy. The crab was seized and sold for $6,832.80. After reviewing the applicable authorities including R v. Rideout, [2005] N.S.J. nO. 9 (N.S.S.C.) (digested herein), the court concluded that since it is possible that all the elements of the offence could have been established before any …

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