Editor’s note:
This entire decision deal with the question of whether fish seized pursuant to the Criminal Code should be detained for a period in excess of 90 days. However, it is arguable that the Criminal Code is not applicable to either the seizure of fish or for orders for continued detention. In this regards see R.v. Ulybel Enterprises Ltd., 2001 SCC 56 at paragraphs 36-7 and Gladstone v. Canada (A.G.), 2005 SCC 21 at paragraph 9.