R. v. Thompson

R. v. Thompson

The Crown failed to prove beyond a reasonable doubt that Gerald Kevin Thompson exceeded the 4,536 kg limit because the business record relied upon lacked adequate provenance and reliability; furthermore, both accuseds established they took all reasonable steps to secure a dockside monitor and therefore satisfied the statutory/common-law due diligence defence, warranting acquittals on the off-loading without observer charges.

Citation
2011 NSPC 64
Parties
Crown: Her Majesty the Queen; Accused: Bryce Eldon Thompson; Accused: Gerald Kevin Thompson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 July 2011
Procedural Posture
Criminal (fisheries Act) / Trial Judgment
Outcome
Gerald Kevin Thompson acquitted on the weight/quantity charge under s.22(7) (insufficient proof); Gerald Kevin Thompson and Bryce Eldon Thompson found not guilty of off-loading without supervision of a dockside observer due to established due diligence.
Legal Topics
Strict Liability, Due Diligence Defence, Business Records Admissibility, Dockside Monitoring Requirements
Source Language
English
Fisheries Law Criminal Law Evidence Law Strict Liability Due Diligence Defence Business Records Admissibility Dockside Monitoring Requirements

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Parties

Her Majesty the Queen

Crown

Bryce Eldon Thompson

Accused

Gerald Kevin Thompson

Accused

Procedural Posture

Criminal (fisheries Act) / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved the accused exceeded the 4,536 kg offload limit beyond a reasonable doubt
  2. 2 Whether the accused off-loaded catch without supervision of a dockside observer in breach of license conditions
  3. 3 Whether the defendants established the due diligence defence under s.78.6 Fisheries Act

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that Gerald Kevin Thompson exceeded the 4,536 kg limit because the business record relied upon lacked adequate provenance and reliability; furthermore, both accuseds established they took all reasonable steps to secure a dockside monitor and therefore satisfied the statutory/common-law due diligence defence, warranting acquittals on the off-loading without observer charges.

Court Disposition

Gerald Kevin Thompson acquitted on the weight/quantity charge under s.22(7) (insufficient proof); Gerald Kevin Thompson and Bryce Eldon Thompson found not guilty of off-loading without supervision of a dockside observer due to established due diligence.

Orders

  • Acquittal entered for Gerald Kevin Thompson on the s.22(7) Fisheries General Regulations weight allegation (case #2123881)
  • Not guilty verdict entered for Gerald Kevin Thompson on the off-loading without dockside observer charge (case #2123880)