R v. George, 2002 BCPC 207

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

This case involved a charge against a First Nations defendant of offering to sell fish that was not caught under the authority of a fishing licence. At the commencement of the trial, the defence made an application for a judicial stay on the grounds that, “[t]hese delays have caused our clients, one of whom is an elder, considerable expense both …

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

R v. Francis, 2003 NSPC 20

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

This case involved charges against an aboriginal defendant from the Acadia First Nations for illegal fishing during a closed time for lobster near Savory Park in Digby County, Nova Scotia. At trial defences were raised based upon treaty rights, aboriginal rights and due diligence. With respect to treaty rights, since the defendant was not able to show that the Treaty …

Full Summary

R v. Boudreau, 2009 NSPC 7

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

This case involved charges of illegal fishing for snow crab pursuant to Aboriginal Communal Fishing Regulations. When defence council discovered that the Band Council of the First Nation that that issued the Communal Fishing licences had discussed the case with several Government officials, including enforcement officers, he sought production of any reports and/or e-mails resulting from that meeting. After reviewing …

Full Summary

Armstrong v. Gill, 2004 BCSC 1480

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability, Miscellaneous, Offences on (Updated )

This case involved a prosecution under the Fisheries Act. In the course of a pre-trial application by the defence for disclosure of Crown documents, the matter was adjourned so that the parties could exchange and file written submissions. Although written submissions from both parties were filed, for some unexplained reason only the Crown’s submissions were provided to the judge hearing …

Full Summary