P v. Diep, 2005 ABCA 54

In Fish Cases, Offences, Search and Seizure on (Updated )

This case involved a s. 8 Charter challenge of a warrantless inspection/search of a fish farm facility which in addition to finding unlicensed fish also discovered a large marijuana grow operation. The appeal court upheld the validity of the search for the following reasons: In R v. Jarvis [2002] 3 S.C.R. 757, the Supreme Court of Canada has said that …

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R v. King, 2008 PESCTD 18

In Fish Cases, Miscellaneous, Offences, Search and Seizure on (Updated )

Upon summary conviction appeal, the appeal court ruled that the act of waiting and watching some undersize lobster that had been discovered pursuant to a legal inspection under s. 49(1) of the Fisheries Act, "from within a warehouse, which was a limited access building that was used by a number of public agencies for various purposes" (para. 23) did not …

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R v. Boudreau, 2009 NSPC 26

In Fish Cases, Offences, Search and Seizure on (Updated )

This case involved a motion during a trial to exclude a statement made by the accused to a fisheries officer. Prior to the making of the statement the accused had been given a Charter warning and had advised that he did not want to call a lawyer "at this time". Based upon the British Columbia Provincial Court decision of R. …

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R v. Kinghorne, 2003 NBQB 341

In Due Diligence, Fish Cases, Offences, Search and Seizure on (Updated )

This case involved a charge of having on board a fishing vessel scallops having more than the permitted average count of 45 meats per 500 grams. At trial a number of defences were raised including (1) illegal search, (2) due diligence, and (3) mistake of fact. With respect to the due diligence and mistake of fact defences, the accused unsuccessfully …

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