These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

-

R v. Dedam, 2002 NBQB 90

In Aboriginal Rights/Defences, Fish Cases on (Updated )

This case involved and an aboriginal lobster fisherman from New Brunswick who was charged with obstructing a fisheries officer. At a pre-trial application, the fisherman applied to have state funded counsel appointed to conduct a defence based upon aboriginal rights that was estimated to cost approximately one million dollars. After reviewing the authorities, the court ordered a stay of proceedings …

Full Summary
-

R v. Bartibogue, 2002 NBQB 147

In Aboriginal Rights/Defences, Fish Cases on (Updated )

This case involved and a number of aboriginal fishermen from New Brunswick who were charged with obstructing a fisheries officer and a number of other offences related to attempting to enforce their Marshall type claim to treaty rights to fish for lobster. At the Provincial Court level a successful pre-trial application was brought in the case of R. v. Dedam …

Full Summary
- - - - -

R v. Peter Paul, 2002 NSPC 25

In Aboriginal Rights/Defences, Fish Cases on (Updated )

This case involved illegal fishing charges against two First Nations defendants who wished to assert a defence based upon a Marshal type treaty right. Upon reviewing all of the facts, the court distinguished R. v. MacDonald [2001] N.S.J. No. 368 (N.S.C.A.) (digested herein) and granted state funded assistance on the basis of the test set out in R. v. Rowbotham …

Full Summary