This case involved the Captain of a U.S. flagged fishing vessel who was charged under s. 4(2) of the Coastal Fisheries Protection Act with illegally fishing on a portion of the continental shelf beyond the limits of Canadian fisheries waters. On a pre-trial application, the fisherman argued that the Crown could not rely upon vague and uncertain statutory provisions to …
Full SummaryR v. Edwards, 2002 BCSC 430
This was a summary conviction appeal of a conviction for failing to comply with the terms and conditions of a fishing licence (taking rockfish without a quota amendment). At issue was whether or not the Crown proved that the set of licence conditions was physically attached to the fishing licence. Although a certified copy of the licence was entered at …
Full SummaryR v. Johnstone, 2002 BCPC 111
This case involved a new abalone aquaculture project arising out of a collaborative agreement to be entered into with D.F.O. While the final form of agreement was still being negotiated, an assistant deputy minister issued a letter indicating it would “allow for a small number of brood stocks to be collected pending the signing of a collaborative agreement . . …
Full SummaryR v. Golem, No. 800/97 (Ont. Ct. of Justice)
This case involved the discovery of an illegal gill net with two different identification numbers upon it. The accused, was the corporation who held a licence under one of the two identification numbers. At trial, no evidence was led with respect to the person to whom the second identification number was issued. Upon convicting the accused, the Justice of the …
Full SummaryR v. Rideout, 2003 NLSCTD 58
This was a companion case to R. v. Cox 2003 NLSCTC 56 (digested herein). In addition to the issues raised in R. v. Cox, this summary conviction appeal also raised the issue of who has the onus of proof regarding the question of whether or not the licensing official was properly authorized to issue licence conditions on behalf of the …
Full SummaryR v. Kelly, 2003 NBQB 148
This was a summary conviction appeal by the Crown of an acquittal from a charge of fishing with an unregistered vessel. The unregistered vessel was a large scow that was being towed by a smaller registered scow for the purpose of attending a trap net set in the Miramichi River. Upon reaching the net, the larger scow was detached and …
Full SummaryR v. Douglas, 2003 BCPC 126
This case involved charges of both fishing in a closed area and possession of illegal fish against three members of the Cheam First Nation. At the end of the Crown’s case the defence brought a no evidence motion. In dismissing the no evidence motion, the court applied the broad definition of fishing contained in The Ship “Frederick Gerring Jr. v. …
Full SummaryR v. Rice, [2003] N.J. No. 247 (Nfld. & Labrador Prov. Ct.)
This case involved a charge under s. 63(1) of the Fisheries Act of making a “false or misleading statement” when estimating the amount of crab caught for the purpose filling out fishing logs. After landing the crab and making deductions for ice, water and barnacles, the landed weight was 37,238 lbs while the estimated weight was 31,348 lbs. In deciding …
Full SummaryR v. Hudson, 2003 CanLII 29889
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Full SummaryR v. Sutherland, 2004 MBQB 104
This case involved an aboriginal fisherman who delivered five pickerel caught without a commercial fishing licence to a fish plant to the account of a different fisherman holding a commercial licence. At trial, the the court gave the accused the benefit of the doubt with respect to whether or not he was "selling" the fish because he had directed the …
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