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. Neary, 2010 NSSC 466

In Due Diligence, Fish Cases, Offences on (Updated )

This case involved charges under s. 48 of the Atlantic Fisheries Regulations for possessing undersize mackeral that were incidental catch. Section 48 of the Regulations provides as follows: (1)Subject to ss. (2) and (4), no person shall fish for, buy, sell or have in his possession any mackerel that is less than 25 cm in length. (2) Subsection (1) does …

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