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.

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R v. Gorman, 1998 CanLII 3545

In Fish Cases, Offences, Variation Orders on (Updated )

This was a summary conviction appeal of an order of a Provincial Court acquitting an accused fisher of an offence on the grounds that a Variation order had not been published in the Canada Gazette. The appeal court set aside the acquittal on the grounds that sections 15(1) and 7(1) j of the Statutory Instruments Act had not been brought …

Full Summary
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R v. Roy, N.S.J. No. 135;C642720;C642719

In Due Diligence, Fish Cases, Offences on (Updated )

This case involved a charge of possession of undersize lobsters. After the lobsters were seized, they were put in a bucket and carried by a fisheries officer to his truck. He then put the lobsters in a bag and marked it with a black marker. The bag was put into a freezer where it was stored until the evening before …

Full Summary