R v. Davidson

R v. Davidson

The Crown proved the actus reus of strict liability offences — fishing and possession of fish without a valid licence — and the accused did not establish due diligence or officially induced error; therefore conviction on the first count is warranted and the second count is stayed.

Citation
2022 NSPC 14
Parties
Crown: Her Majesty the Queen; Accused: Darren Edwin Davidson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 April 2022
Procedural Posture
Criminal Regulatory (fisheries Act) / Summary Trial — Determination of Guilt
Outcome
Convicted on first count (fishing without a licence); second count (possession) stayed
Legal Topics
Fishing Without Licence, Possession of Fish Caught in Contravention, Due Diligence Defence, Officially Induced Error, Strict Liability Offences, Licence Conditions
Source Language
English
Fisheries Law Regulatory Law Criminal Law Administrative Law Fishing Without Licence Possession of Fish Caught in Contravention Due Diligence Defence Officially Induced Error +2 more

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Parties

Her Majesty the Queen

Crown

Darren Edwin Davidson

Accused

Procedural Posture

Criminal Regulatory (fisheries Act) / Summary Trial — Determination of Guilt

Legal Issues

  1. 1 Whether the accused fished for and possessed gaspereau without a valid licence
  2. 2 Whether the accused established a due diligence defence
  3. 3 Whether officially induced error applied to excuse non-compliance

Ratio Decidendi

The Crown proved the actus reus of strict liability offences — fishing and possession of fish without a valid licence — and the accused did not establish due diligence or officially induced error; therefore conviction on the first count is warranted and the second count is stayed.

Court Disposition

Convicted on first count (fishing without a licence); second count (possession) stayed

Orders

  • Conviction entered on charge of fishing for gaspereau without a licence contrary to s.4(1) Maritime Provinces Fisheries Regulations and s.78 of the Fisheries Act.
  • Second count (possession of gaspereau caught in contravention) stayed.