Fishing Prohibitions - Case Summaries
The database contains 3 case summaries relating to Fishing Prohibitions. The summaries are sorted in reverse date order with 20 summaries per page. If there are more than 20 summaries, use the navigation links at the bottom of the page.
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Offences - Fishing Prohibitions - Court Must Consider Impact on Accused including ability to Earn Livelihood
R v. Jones, 2011 NLTD 18
Offences - By licence holders - Lobster fishing with untagged pots -Prohibitions - First Five Days of Lobster Season
R v. Grandy , 2005 NLTD 40
The accused was a commercial lobster fisherman who was caught hauling 14 unmarked lobster pots intermingled with his tagged pots. He plead guilty and a joint submission was made requesting:
A fine of $2,000;
Forfeiture of the 14 unmarked lobster pots;
No forfeiture of his boat, motor and contents; and
Prohibition from fishing for the first five days of the next lobster fishing season.
In sentencing the accused, the trial court imposed items 1 - 3 above, but did not impose a prohibition from fishing. Upon appeal, the appeal court reviewed the law with respect to joint submission of counsel and imposed a fishing prohibition based upon the decisions of R. v. Oldford (digested herein) and R. v. Cluet (2002), 217 Nfld. & P.E.I.R. 87 (NLTD).
Offences - Sentencing - Fishing Prohibitions for illegal lobster fishing (Reduced from one year to first five days of season)
R v. Oldford, 2005 NLTD 38
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 forfeiture of some of the smaller items of fishing gear. In addition it relied upon R. v. Cluett (2002) 217 Nfld. & P.I.I.R. 87 (N.F.T.D.) and R. v. Morreau  B.C.J. No. 1584 (B.C.S.C.) to prohibited the commercial lobster fish harvester from holding a commercial lobster fishing licence for following fishing season
Upon appeal, after a thorough review of the principals of sentencing as they apply to fisheries offences, the court reduced the fishing prohibitions from one year to the first five days of the lobster season on the grounds that a one year suspension was unreasonable and excessive.