This case involved two divers who were caught poaching 16 lobsters, three of which were short and one of which was a female with eggs. Upon entering guilty pleas, the sentencing judge imposed fines of $1,500 each plus forfeiture of a boat worth $5,000 and other gear worth $4,000 to $5,000. Upon appeal, the court applied R. v. Gould [1998] …
Full SummaryR v. Sandover-Sly, 2002 BCCA 56
This case involved the poaching of 4,100 abalone weighing 750 pounds with a value of $18,750 at a time when there had been a coast wide moratorium on the harvesting of abalone for approximately eight years. One of the accused plead guilty and was sentenced on a joint submission to a fine of $7,000 and ordered to pay $5,000 compensation …
Full SummaryR v. Perry, 2003 CanLII 52757
This case involved a charge against an American crab fisherman of illegal fishing pursuant to s. 4(2) of the Coast Fisheries Protection Act (See the digest of the case under “Offences”). After conviction, the Crown sought a fine of $30,000, forfeiture of two crab traps seized, the proceeds from sale of the crab that was caught ($132,448) and forfeiture of …
Full SummaryR v. Shiner, 2007 CanLii 54641
This case involved the seizure of a large number of seal pelts pursuant to a prosecution under the Marine Mammal Regulations. After the expiration of an order granted by a justice of the peace to extend the time for detention of the seized items and before sentence for one accused and the trial of others, the fishers brought an application …
Full SummaryR v. Craig, 2009 SCC 23
This is a non-fisheries case where the Supreme Court of Canada ruled that for offences under the Controlled Drugs and Substances Act the totality approach should not be applied.
Full SummaryR v. Jones, 2009 CanLII 50076
This case involved the sentencing of poacher of Atlantic salmon. The Court imposed an overall fine of $3,500, a two year fishing prohibition and forfeiture of a boat that was used in the commission of the offence. With respect to the forfeiture order, the Court cited a number of authorities including R v. Smith (1978), 15 Nfld. & P.E.I.R. 115 …
Full SummaryR v. Tammark, 2003 BCPC 6
This is not a fisheries case, but the decision of R. v. Hertel (1986) 32 C.C.C. 93d) 335 (B.C.S.C.) referred to herein, could be useful when interpreting s. 71(2) of the Fisheries Act. This section provides that “a court may order any fish or other thing seized under this Act to be returned to the person from whom it was …
Full SummaryGladstone v. Canada, 2005 SCC 21
This case involved a quantity of herring spawn on kelp that was seized pursuant to s. 58(1) of the Fisheries Act (1970) and subsequently sold pursuant to s. 58(1) and paid into the consolidated revenue fund. After a successful appeal by the fishermen to the Supreme Court of Canada, the matter was eventually stayed by the Crown and the proceeds …
Full SummaryHansen v. "Trinity" (The), 2007 BCSC 821
The Plaintiffs in this case sought the return of in excess of $300,000 they had paid towards the purchase of a sailing vessel being built for them by the Defendants. The Plaintiffs alleged that there was a fundamental breach of the building contract entitling them to rescission of the contract. The breaches related to alleged welding defects in the hull. …
Full SummaryCanada v. Neves, 2002 FCA 502
This was an appeal from an order of a motions Judge setting priorities to the sale proceeds of the Defendant vessel. The vessel had been seized by the Crown for violations of the Fisheries Act and was later arrested and sold at the application of the Crown. The claimants were the Crown, the mortgagee, and the co-owners of the vessel. …
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