This was a summary conviction appeal of an acquittal of a charge of unlawfully fishing with a purse seine. The main issue of the case was whether the accused was fishing with a bar seine for which he held a valid licence, or a purse seine for which he did not. Given the fact that the definition of purse seine had been revoked from the Newfoundland Fishery Regulations, the issue created some difficulty. The accused was fishing with a net which resembled a purse seine, but could not be closed completely at the bottom and was being used in shallow water. The summary conviction court held that the Crown had not established its onus of proving fishing with a purse seine. This decision was upheld by the summary conviction appeal court.
Counsel for the Accused: Michael Griffin
Counsel for the Crown: Kevin Preston