R v. Harding

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved the issue of whether or not the definition of "angling" in the Newfoundland Fishery Regulations was mutually exclusive of the definition of "foul hooking or jigging in the same regulations". The Trial Judge and the first level of appeal held that they were mutually exclusive and acquitted the accused because he was in possession of a fish caught by "jigging" (the accused was convicted on another charge of fishing by jigging). The Court of Appeal reversed the findings of the lower courts and held that "angling" includes the activity of "jigging". Accordingly, the accused was convicted of possession of salmon taken by "angling".

Counsel for the Crown: Anne Fagan

Counsel for the Accused: Elvis Harding