R v. Russ, 2008 BCPC 182

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved an aboriginal person charged with illegal harvest of eight pieces of abalone after a park warden opened a parcel that the accused had entrusted with a Parks Canada employee to deliver to his wife. After ruling evidence of the initial opening of the parcel illegal under the Charter of Rights, the court commenced a separate voire dire …

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R v. Barrett, 2008 CanLII 36144

In Fish Cases, Miscellaneous, Offences on (Updated )

This decision involved the admissibility of statements made by four seal harvesters to DFO officers in the course of an investigation on charges related to illegally selling blue back seal pelts. In each case, the accused harvesters were contacted by telephone and then interviewed by Fisheries Officers in the front seat of DFO vehicles parked in front of their homes. …

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R v. Fitzpatrick, 2009 CANLII 2686

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a father and son with long line crab fishing vessels who fished together. Since only the father’s vessel was equipped with a power hauler, they surreptitiously used the father’s vessel for hauling both sets of traps and then transferred some of the crab to the son’ s boat to be landed by the son. Applying the broad …

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R v. Ramalheira, 2009 NLCA 4

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved charges against the Master of a foreign fishing vessel under the Coastal Waters Protection Act. After several trial adjournments, the Provincial Court refused an adjournment based upon the alleged poor health of the accused in part because the medical report in support of the application was "scant at best" and given the numerous prior adjournments and the …

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R v. Beck, (2009) NWTSC 26

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a accused charged with "[o]n or about September 19, 2006 . . . [d]id set unmarked fishing gear . . .". At trial, the Trial Judge refused an application under s. 601(3) of the Criminal Code to amend the Information to insert the words "operate or leave unattended" after the word "set". He did so on the …

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R v. Tibbo, 2009 CanLII 28877

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a charge of failing to comply with a licence condition requiring fish harvesters to return to the water any lobster that have previously been marked with a V notch so as to show that they are capable of spawning. At a pre-trial application, the licence conditions were challenged as (1) being ultra virus and (2) being so …

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R v. Donnell, 2009 BCSC 1193

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a number of charges against a fish harvester under the B.C. Sport Fishing Regulations. At trial, although it was established that the fish harvester had a fishing licence, the Crown did not lead evidence of whether it was a sports fishing licence, a food fishing licence or a commercial licence. The only evidence that was lead regarding …

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