This case involved a charge against an American crab fisherman of illegal fishing pursuant to s. 4(2) of the Coast Fisheries Protection Act (See the digest of the case under “Offences”). After conviction, the Crown sought a fine of $30,000, forfeiture of two crab traps seized, the proceeds from sale of the crab that was caught ($132,448) and forfeiture of …
Full SummaryR v. Oates, 2004 NLCA 6
R v. Meade, 2004 NLCA 11
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Full SummaryR v. Rideout, 2005 NSCA 1222
This case involved a snow crab fisherman who was convicted of fishing out of his licenced area. In awarding a fine of $4,000, but refusing to order forfeiture of the catch valued at $35,362, the trial court relied upon the following mitigating factors: (1) Although the accused’s belief that he was fishing in his area was not reasonable it was …
Full SummaryR v. Reid, 2006 BCPC 220
This case involved approximately 12,000 pounds of sable fish that were seized pursuant to the provisions of the Fisheries Act and sold pending trial. After obtaining a stay of proceedings for failing to provide a trial within a reasonable time, the Crown brought an application for forfeiture of the proceeds of sale of the sable fish under s. 72(3). At …
Full SummaryR v. McNeill, 2007 BCSC 773
This is a sentencing case involving the poaching of a large number of abalone. In ruling that forfeiture of a boat, truck and other equipment should be considered part of the overall sentence (so as to reduce the fine or other sanctions that might otherwise be imposed), the court distinguished R v. Sandover-Sly 2002 BCCA 56 as a case where …
Full SummaryKelly v. Canada (Attorney General), 2007 NLTD 127
This case involved a vessel that was fishing during a closed in situation where the area had been closed by variation order shortly before the vessel started its fishing trip. At the trial of the licence holder, the licence holder did not appear and in his absence, after hearing evidence establishing the essential elements of the offence, a court imposed …
Full SummaryR v. Shiner, 2007 CanLii 54641
This case involved the seizure of a large number of seal pelts pursuant to a prosecution under the Marine Mammal Regulations. After the expiration of an order granted by a justice of the peace to extend the time for detention of the seized items and before sentence for one accused and the trial of others, the fishers brought an application …
Full SummaryR v. Craig, 2009 SCC 23
This is a non-fisheries case where the Supreme Court of Canada ruled that for offences under the Controlled Drugs and Substances Act the totality approach should not be applied.
Full SummaryR v. Jones, 2009 CanLII 50076
This case involved the sentencing of poacher of Atlantic salmon. The Court imposed an overall fine of $3,500, a two year fishing prohibition and forfeiture of a boat that was used in the commission of the offence. With respect to the forfeiture order, the Court cited a number of authorities including R v. Smith (1978), 15 Nfld. & P.E.I.R. 115 …
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