This case involved the seizure of the Spanish fishing vessel "Estai" while fishing on the high seas pursuant to the provisions of the Coastal Fisheries Protection Act. By way of background information, in 1995, the North Atlantic Fisheries Organization (N.A.F.O). set a total allowable catch for turbot which was roughly one half of the previous years catch and assigned 60% …
Full SummaryR v. Robertson, 1999 CanLII 3948
This was a summary conviction appeal, which involved charges against the owner of a licensed fishing vessel, who used his fishing vessel at a time the commercial lobster fishery was closed, in order to assist a native person who was fishing pursuant to an aboriginal licence. According to the findings of the trial judge, the vessel owner was assisting the …
Full SummaryR v. Huovinen et al., 2000 BCCA 427
This case was a test case involving a challenge to the Aboriginal Communal License Regulations. In June of 1998, D.F.O. opened a commercial fishery on the Fraser River which only members of certain Indian bands were allowed to participate in. The accused, all non aboriginals, participated in the fishery by way of protest and were charged with fishing during a …
Full SummaryR v. Hung Nguyen, Surrey Reg. No. 94940-01 (B.C. Prov. Ct.)
In a prosecution under the Fisheries Act for fishing in U.S. waters, the Crown neglected to enter a document entitled “vessel licence” (presumably a Department of Transport licence). As a result, the court acquitted the accused on the basis of a failure of the Crown to prove that the fishing vessel was subject to the jurisdiction of Canada. In making …
Full SummaryR v. McIntyre, N.B.J. No. 459
This case involved a summary conviction appeal of an acquittal from charges of catching and retaining undersize clams. This case involved two fishermen who were in the water fishing for clams with a rake like tool at the time of apprehension. They had floating containers holding freshly picked clams, some of which were undersized. Despite the fact that the accuseds …
Full SummaryR v. Burroughs, [2000] BCSC 1428
This case involved a charge of fishing with a herring gillnet having a mesh size of less than 57 mm contrary to s. 42(1)(d) of the Pacific Fishery Regulations. Evidence was led by the Crown that the net in question was measured by two different fisheries officers one of whom measured the net vertically while the other measured it horizontally. …
Full SummaryR v. Rayner, 2000 NSCA 143
This case involved a lobster fisherman charged with unlawful of possession of female crabs. The issue was whether or not the trial judge erred in rejecting opinion evidence from two fisheries officers with respect to the gender of the crabs. In doing so, he was of the view that the evidence of the Fisheries Officers was not of sufficient weight …
Full SummaryR v. Tapper, [2001] N.J. No. 157 (Nfld. Prov. Ct.)
This case involved a lobster fisherman who had his fishing vessel seized by the Department of Fisheries as a result of charges laid in an unrelated matter. Since his gear was in the water at the time of the seizure, he wrote to the Regional Director and sought assistance in removing his herring nets and lobster traps from the water. …
Full SummaryR v. Rose, 2001 CanLII 37619
This case was a summary conviction appeal involving an east coast halibut fisherman who was charged with exceeding the cod by-catch provisions as set out in his fishing licence. His licence provided that if a fisherman exceeds the 30 per cent by-catch level in any fishing trip, then on any subsequent fishing trip if he exceeds the 30 per cent …
Full SummaryR v. Norman, 2001 CanLII 33771
This case involved a charge under s. 33(2) of the Fishery (General) Regulations of failing to “forthwith” return incidentally caught fish. The fish in this case, were 12 dead salmon incidentally caught in a herring net set to catch bait for lobster traps. Upon being caught on the grounds with a bag containing 12 salmon, the accused gave evidence that …
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