R v. Fudge, 2016 CanLII 25433

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved a fish harvester who plead guilty to catching undersize whelk. After a general review of the principals of sentencing for fisheries matters, the court dealt with the issue of forfeiture of the catch. In doing so it said "[T]he amount of the fine must be set in conjunction with the issue of forfeiture. The fact there has …

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R v. Pisces Fishery Incorporated, 2016 ONSC 618

In Due Diligence, Fish Cases, Offences on (Updated )

This case involved a company that employed a captain to operate its commercial fishing vessel on a lake in Ontario. The Crown planted a covertly installed tracking device on the vessel and then later compared the daily catch reports prepared by the captain to the information provided by the tracking device. As a result, it was discovered that the captain …

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R v. Beaverbones

In Fish Cases, Offences, Variation Orders on (Updated )

This case involved charges under the Federal Fisheries Act of fishing during a closed season. The main defence in the case involved a challenge of the authority of the Regional Director to make a variation order that purported to close the waters in question to fishing on the grounds that it had been improperly subdelegated by the Regional Director-General. The …

R v. Balsom, 2014 CanLII 72869 (NL PC)

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved a a 71 year old man who was caught setting a net across a creek from which three trout were retrieved. He was fined $3,000 for illegally fishing with a net and $1,000 for illegal possession of three trout. After reviewing a number of authorities regarding forfeitures under the Fisheries Act and concluding that it had the …

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R v. Echodh, 2015 SKPC 76

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a fish harvester commercial ice fishing in Saskatchewan. He took the most profitable fish (walleye) to market but left the less profitable fish (whitefish and pike) on the ice mixed in with fish offal. After rejecting much of the evidence presented by the accused, the court convicted him under s. 92(C) of the Fisheries Regulations of wasting …

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R v. Duncan, 2015 BCPC 176

In Fish Cases, Offences, Officially Induced Error on (Updated )

This case involved a commercial salmon seine fishery that for some time had been pooled in the sense that only some of the available fishing vessel are allowed to participate in the fishery. In the past, vessels that were assigned a catch in the pool, but did not have the required license to fish, purchased temporary assignments of licenses from …

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R v. Dempsey, 2015 NUCJ 15

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a fishing vessel that was observed by a Fisheries Officer in a plane to have fishing gear in a closed area. The fisheries officer conducted an interview of the captain of the fishing vessel by radio. The accused captain attempted to exclude the evidence at trial on sections 7 and 10 of the Charter. The court rejected …

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R v. Ai, 2014 BCSC 1350

In Fish Cases, Miscellaneous, Offences on (Updated )

In this case, a provincial court judge quashed a ticket information on the grounds that s. 79.7(2) of the Fisheries Act requires both the summons and the information portion of the ticket comply with all of the s. 79.7(2) requirements. In doing so, the provincial court judge found that there was an ambiguity in the wording of s. 79.7(2) and …

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