Forsey, N.J. No.264 (Nfld. Prov. Ct.)
This case involved two accuseds, who were convicted of taking an illegal bycatch of cod and other species while fishing for skate. The court considered section 51(b) of the Fisheries Act and exercised its discretion to not order forfeiture of intermixed fish. In exercising this discretion it considered, amongst other things, the following: 1) The problem of cod bycatch adversely …
Full SummaryThis case involved an appeal from a sentence imposed for fishing cod during a closed time. Upon appeal, the court upheld a crown appeal of an $800 fine as too low and set aside a forfeiture of boat and motor belonging to one of the accuseds. In doing so, Dymond J. reviewed some of the prior authorities and said as …
Full SummaryThis was a sentence appeal involving an accused with a lengthy record who was convicted for illegal fishing of Lobster. Amongst other things, the court upheld an order for forfeiture of a dory, outboard motor and other miscellaneous items with an estimated value of $2,500.
Full SummaryThis case involved an appeal from a sentence for fishing for abalone without a licence, which imposed forfeiture of a tug and barge used in the commission of the offence in addition to a fine. Although the appellant was the general manager of the Company that owned the tug and barge, it was his father who was the sole beneficiary …
Full SummaryThis case involved a Canadian registered ship which was given a provisional registration in Panama without first obtaining a deletion certificate from the Canadian Registrar of Ships. It then fished in the NAFO fishing zone without a licence, which it could do legally if it was a foreign ship, but not as a Canadian ship. Pending the trial, the ship …
Full SummaryThe case involved an application under s. 75(1) of the Fisheries Act for return of a boat that had been forfeited pursuant to s. 72(1) of the Act. Although the act provided that the application must be made within 30 days after the forfeiture, the application was not made until 43 days after the forfeiture. Upon the Crown making a …
Full SummaryThis case involved two divers who were caught poaching 16 lobsters, three of which were short and one of which was a female with eggs. Upon entering guilty pleas, the sentencing judge imposed fines of $1,500 each plus forfeiture of a boat worth $5,000 and other gear worth $4,000 to $5,000. Upon appeal, the court applied R. v. Gould [1998] …
Full SummaryThis case involved the poaching of 4,100 abalone weighing 750 pounds with a value of $18,750 at a time when there had been a coast wide moratorium on the harvesting of abalone for approximately eight years. One of the accused plead guilty and was sentenced on a joint submission to a fine of $7,000 and ordered to pay $5,000 compensation …
Full SummaryThis case involved an aboriginal fisher who, after participating in a test/protest snow crab fishery was convicted of: (1) having on board a crab trap without a valid tag, and (2) fishing for snow crab without a valid licence. Upon conviction, his sentence included a conditional discharge and a partial forfeiture of the proceeds of sale of his catch ($28,599.60 …
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