R v. Sandover-Sly

In Fish Cases, Forfeiture, Offences on (Updated )

This case involved an appeal from a sentence for fishing for abalone without a licence, which imposed forfeiture of a tug and barge used in the commission of the offence in addition to a fine. Although the appellant was the general manager of the Company that owned the tug and barge, it was his father who was the sole beneficiary of the Company’s property. As a consequence, the appeal court ruled it had no jurisdiction to set aside the forfeiture. The proper procedure was for the owner of the tug and barge to bring a separate proceeding under section 75(1) of the Fisheries Act.