R. v. LaPorte

R. v. LaPorte

The court accepted the Crown's documentary and expert evidence as proving beyond a reasonable doubt that LaPorte was designated under the Membertou communal licence and that the Sulia'n was fishing in Crab Fishing Area 24 (outside the authorised area); the defence expert's methodology was rejected as unreliable; accordingly the accused was convicted on the counts alleging contravention of the communal licence conditions and possession/fishing contrary to the Fisheries Act and regulations.

Citation
2011 NSPC 36
Parties
Crown: Her Majesty The Queen; Accused: Edwin Paul LaPorte
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 June 2011
Procedural Posture
Criminal (fisheries Act) / Trial — Judgment
Outcome
Convicted on Counts 1 and 3 (contravention of communal licence conditions and possession/fishing contrary to the Fisheries Act); Count 2 was directed not guilty earlier in the proceedings.
Legal Topics
Charter S.8 and S.24(2) Application, Aboriginal Communal Fishing Licences, Unauthorized Fishing in Closed Area, Possession of Fish Caught Contrary to Regulations, Expert Navigation Evidence and Datum/plotting Issues, Search and Seizure
Source Language
English
Criminal Law Fisheries Law Constitutional Law Maritime/navigation Law Charter S.8 and S.24(2) Application Aboriginal Communal Fishing Licences Unauthorized Fishing in Closed Area Possession of Fish Caught Contrary to Regulations +2 more

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Parties

Her Majesty The Queen

Crown

Edwin Paul LaPorte

Accused

Procedural Posture

Criminal (fisheries Act) / Trial — Judgment

Legal Issues

  1. 1 Whether the Crown proved designation under the communal licence beyond a reasonable doubt
  2. 2 Whether the accused was fishing in an unauthorized area (boundary dispute between CFA 23 and CFA 24)
  3. 3 Reliability and weight of competing expert evidence on navigation and plotting

Ratio Decidendi

The court accepted the Crown's documentary and expert evidence as proving beyond a reasonable doubt that LaPorte was designated under the Membertou communal licence and that the Sulia'n was fishing in Crab Fishing Area 24 (outside the authorised area); the defence expert's methodology was rejected as unreliable; accordingly the accused was convicted on the counts alleging contravention of the communal licence conditions and possession/fishing contrary to the Fisheries Act and regulations.

Court Disposition

Convicted on Counts 1 and 3 (contravention of communal licence conditions and possession/fishing contrary to the Fisheries Act); Count 2 was directed not guilty earlier in the proceedings.

Orders

  • Findings recorded of guilt on Count 1: contravention of s.7 of the Aboriginal Communal Fishing Licenses Regulations, SOR/93-332, contrary to s.78 of the Fisheries Act
  • Findings recorded of guilt on Count 3: possession of snow crab caught in contravention of regulations, contrary to s.33 of the Fisheries Act