This case involved a charge against a fisher for failing to comply with a term of his fishing licence, namely exceeding the amount of by catch of Hake as allowed by his licence. At trial he gave evidence that he relied upon an experienced crew member to follow his instructions. The crew member had been doing the job properly for 1 ½ years prior to the offence.
At the trial level, the trial court judge acquitted the accused on the basis of due diligence. On a summary conviction appeal, the acquittal was overturned. On appeal, Mr. Justice Roscoe giving a unanimous decision for the court overturned the appeal and restored the acquittal.
Editors Note: For a similar case in British Columbia see R. v. Smith (30 Oct. 96) digested herein.