R v. Decker

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

This case involved a seal hunter who was unable to accommodate an observer because he already had a crew of ten and his Canadian Steamship Inspection (CSI) certificate only allowed him to have seven people on board. At trial, the summary conviction court acquitted the accused on the basis that D.F.O. ought to have provided reasonable notice prior to seeking to put an observer on board. Upon summary conviction appeal, the acquittal was overturned on the basis that: (1) there was no statutory basis for imposing a notice requirement for accommodating observers; (2) the vessel owner was not duly diligent because he could have reduced his compliment of crew or upgraded his CSI prior to the commencement or the fishery.